Jermaine Moore v. Kelly Harrington
Opinion
Opinion
MEMORANDUM
The California Court of Appeal’s ruling wasn’t “contrary to,” and didn’t involve “an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254 (d)(1); see also Harrington v. Richter, — U.S. -, 131 S.Ct. 770, 786 , 178 L.Ed.2d 624 (2011). The state court considered the totality of the circumstances, and it wasn’t unreasonable in concluding that the trial judge’s comments weren’t coercive. See Lowenfield v. Phelps, 484 U.S. 231, 237-41 , 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988); see also Wong v. Smith, — U.S. -, 131 S.Ct. 10, 11-12 , 178 L.Ed.2d 403 (2010) (Alito, J., dissenting from denial of certiorari). The judge made his comments only after the jury, which had spent relatively little time deliberating, indicated it was having trouble reaching a verdict. He made it clear that it was acceptable for the jury not to reach a verdict, and as in Lowenfield, 484 U.S. at 240 & n. 4, 108 S.Ct. 546 the defense attorney didn’t object to the judge’s remarks. In fact, the jury in this case spent slightly more time deliberating after the judge’s comments than did the Lowenfield jury. Id. U.S. 484 at 235, 108 S.Ct. 546 .