Rothwell

MEMORANDUM **

Petitioner Michael T. Rothwell appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Rothwell challenges his conviction, arguing that his due process rights to a fair trial were violated as a result of judicial bias. Because the California court’s rejection of Rothwell’s judicial bias claim was neither contrary to, nor involved an unreasonable application of, controlling Supreme Court precedent, we AFFIRM.

I.

In January 1983, while Rothwell was awaiting trial on state charges of murder, assault with a deadly weapon, and false imprisonment, his attorney asked California Superior Court Judge Dwight Ely, to whom the case had not yet been assigned for trial, to grant permission for Rothwell to marry his alleged common-law wife, Barbara Spaniol. Judge Ely granted the request, and allowed Roth-well to be temporarily removed from custody for purposes of a wedding ceremony. 1 Unbeknownst to Judge Ely, Spaniol was a potential witness for the prosecution in Rothwell’s murder case. Rothwell had allegedly told Spaniol of his shooting crime and she had communicated that information to law enforcement officials when…