Wilson

MEMORANDUM *

Kevin Lamont Wilson, a California state prisoner, appeals the district court’s denial of his petition for writ of habeas corpus. Wilson contends that he was denied his Sixth Amendment right to an impartial jury at his trial when the state trial judge dismissed Juror No. 3, the lone holdout juror, during jury deliberations. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we reverse.

We review a district court’s decision to deny a habeas petition de novo. Leavitt v. Arave, 383 F.3d 809, 815 (9th Cir.2004). *659 Wilson’s petition is governed by the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), which permits a federal court to grant a writ of habeas corpus only where the state court’s adjudication of the prisoner’s claim: “(1) resulted in a decision that was contrary to, or involved the unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d). A state court’s factual findings are presumed to be…