Demarkas King v. Anthony Hedgpeth

MEMORANDUM

Petitioner Demarkas S. King was convicted in California state court after a jury trial for murder and attempted murder. He appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition in which he challenged the integrity of the jury verdict. We affirm.

The state trial court held a full evidentiary hearing on Juror No. 4’s multiple claims of juror misconduct, including her own belatedly perceived bias. The court found that she was not credible and that no juror misconduct had occurred. The state court described the juror’s efforts to undo the verdict as “buyer’s remorse.”

The parties dispute whether the state court’s adjudication should be reviewed under the standard set forth in 28 U.S.C. § 2254 (d)(2) or (e)(1). Regardless of which provision applies, however, the decision of the state trial court remains a credibility determination that is entitled to substantial deference. See Maxwell v. Roe, 628 F.3d 486, 503 (9th Cir.2010), cert. denied, — U.S.-, 132 S.Ct. 611 , 181 L.Ed.2d 785 (2012). That ruling was neither unreasonable nor clearly erroneous, because the record contained ample support for the court’s determination. Juror No. 4’s version of what…