Anthony Thomas Ferrizz v. G.J. Giurbino

Anthony Ferrizz appeals the district court’s denial of his habeas corpus petition, brought pursuant to 28 U.S.C. § 2254 . Ferrizz contends that his state convictions violate due process because the jury’s guilty verdicts on two counts of the charges — burglary and grand theft of lost property — are factually inconsistent. We conclude that, in the circumstances of this case, the decision of the California Court of Appeal upholding both verdicts was not “contrary to, or ... an unreasonable application of, clearly established Federal, law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). We therefore affirm the judgment of the district court.

I

The facts are uncontested. Ferrizz and Manual Escobedo worked in roofing. In March of 2000, Holly Cirivello, the victim, called them for a roof repair. When they arrived in the morning, she took them into her master bedroom to show them where water was leaking into her room from the roof. On the wall of the bedroom, Cirivello had hung two antique purses, one of which contained an expensive wedding ring. After pointing out the leaks, Cirivello led the two men out of her house. They told her that they…