Stroder

Stroder v. Adams

Good Law
98 F. App'x 630
United States Court of Appeals for the Ninth CircuitMay 10, 2004No. 02-17520California1,027 words

Opinion

Lead Opinion

ORDER & MEMORANDUM *

Mary Elizabeth Stroder appeals the district court’s denial of her habeas petition. She alleges that the state trial court’s denial of her motions for a change of venue and for severance of her joint trial with Charles Rountree violated due process. In addition, Stroder has moved for a broader Certificate of Appealability *631 (“COA”). She seeks to challenge the jury’s guilty verdict and finding of felony-murder special circumstances due to insufficiency of evidence.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s denial of Stroder’s habeas petition. 1 Though we grant Stroder’s motion for a broader COA, we deny her arguments on the merits. The facts are familiar to the parties, and we therefore do not recite them here except as necessary.

The state court did not violate due process by denying Stroder’s motions for a change of venue. The state court reasonably applied Supreme Court precedent 2 in its determination that neither presumed prejudice nor actual bias infected the jury. 3 The publicity surrounding Stroder’s trial was not extreme enough to mandate a finding of presumed prejudice. 4 Neither did Stroder…

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