Lampert

Miller v. Lampert

Good Law
90 F. App'x 255
United States Court of Appeals for the Ninth CircuitMarch 12, 2004No. 03-35252; D.C. No. CV-01-00809-TMCCalifornia270 words

Opinion

Lead Opinion

MEMORANDUM ***

Miller appeals the district court’s judgment dismissing his 28 U.S.C. § 2254 ha-beas petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we deny the petition.

We review a district court’s decision to grant or deny a 28 U.S.C. § 2254 habeas *256 petition de novo, Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir.2003), and for clear error the district court’s findings of fact. McClure v. Thompson, 323 F.3d 1233, 1240 (9th Cir.2003).

The only issue Miller raises on appeal is whether a juror violated his Sixth Amendment right to an impartial jury by introducing extrinsic information into the jury deliberations. Miller’s claim does not withstand AEDPA review because, under 28 U.S.C. § 2254 , the Oregon Court of Appeals’ decision was neither contrary to nor an unreasonable application of Turner v. Louisiana, 379 U.S. 466 , 85 S.Ct. 546 , 13 L.Ed.2d 424 (1965), the relevant case on jury impartiality. After an evidentiary hearing, the magistrate judge found that the juror did not introduce extrinsic evidence into the jury deliberations, but rather permissibly applied her life experiences to the facts already in evidence. The record supports these…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.