Roman
Roman v. McGrath
Opinion
Lead Opinion
MEMORANDUM ****
California state prisoner Danny Roman appeals the district court’s dismissal of his petition for habeas corpus, 28 U.S.C. § 2254 . We affirm.
A state-court jury found Roman guilty of first-degree murder, attempted murder, assault with a deadly weapon, and attempted armed robbery in connection with *192 two incidents. Roman did not deny that he killed the La Chiquita Market manager of whose murder he was convicted, but testified that the manager grabbed for Roman’s gun, they struggled, and the gun went off accidentally.
The sole issue before us is whether Roman is entitled to a new trial due to misconduct by Juror L. 1 Juror L drove by George’s Liquor Store and also looked at her brother’s gun to see for herself how easy it would be to pull the trigger by accident. She concluded that it was not hard to pull the trigger and imparted this information to the jury.
Upon learning of this sequence of events, the state trial court conducted an extensive inquiry into what happened, interviewing each juror individually in the presence of Roman and his counsel. The court found misconduct but also found, in accordance with each juror’s testimony, that the recitation of…