Mendoza

Mendoza v. Roe

Good Law
76 F. App'x 203
United States Court of Appeals for the Ninth CircuitSeptember 26, 2003No. 01-55560; D.C. No. CV-98-09492-ABCCalifornia422 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Mendoza appeals the district court’s denial of his petition for a writ of habeas corpus. He argues that his constitutional rights were violated when the state trial court removed a juror for failure to follow jury instructions and denied his motion for juror information and a new trial. We review de novo the district court’s decision to deny a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir.2000). We affirm.

The scope of our review is quite narrow in the wake of the Antiterrorism and Effective Death Penalty Act, Pub.L. No. 104-132,110 Stat. 1214 (April 24,1996) (“AED-PA”). 1 Under AEDPA, a habeas petition

28 U.S.C. § 2254 (d); see also Bribiesca, 215 F.3d at 1018 . In evaluating a habeas claim, “we look to the state’s last reasoned decision ... as the basis for its judgment.” Avila v. Galaza, 297 F.3d 911, 918 (9th Cir.2002), petition for cert. filed, 71 U.S.L.W. 3416 (U.S. Nov. 26, 2002) (No. 02-855). Here, “[t]he highest state court to have discussed these claims of ineffective assistance was the California Court of Appeal, so we consider its determination.” Greene v. Henry, 302 F.3d…

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