Eliot Grizzle v. Robert Horel

MEMORANDUM

Eliot Scott Grizzle appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Grizzle, an inmate at Pelican Bay State Prison, was convicted of murder and conspiracy to murder another inmate. Grizzle claims that the state trial court erred in denying his motion for a mistrial after a juror who was employed at Pelican Bay reported being approached by an inmate who identified him as Juror 5. Juror 5 spoke of this to other jurors; Grizzle claimed the jury was thus tainted against him. After Juror 5 was excused, and the remaining panel examined by court and counsel, an alternate juror was seated. Grizzle did not object to the jury panel as constituted.

Federal courts will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground independent of the federal ground and adequate to support the judgment. Coleman v. Thompson, 501 U.S. 722, 729-30 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991). As noted, Grizzle failed to renew his mistrial motion after court and counsel examined the jury panel for jury taint and Juror 5 was replaced by an alternate juror. On direct appeal, the…