Jefferson

MEMORANDUM **

James Jefferson, a gay African-American man, was convicted of stalking and murder in the first degree with the use of a firearm. 1 Appealing the district court’s order dismissing his habeas petition with prejudice, Jefferson argues that the separate statements of two jurors made during the trial demonstrated their prejudice toward African-American and gay men, calling into question the fairness of the jury’s verdict.

During evidentiary hearings in state court, both jurors stated (and re-stated) that they could conduct themselves as jurors in a fair and impartial manner. After considering their testimony and appraising their demeanor, the judge found that, as a matter of fact, the two individuals could be fair and impartial. Such a finding is given special deference. Williams v. Taylor, 529 U.S. 362, 400 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (opinion of O’Connor, J.); see also Miller-El v. Cockrell, 537 U.S. 322, 340 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (2003) (“[fjactual determinations by state courts are presumed correct absent clear and convincing evidence to the contrary”). The California Court of Appeal concluded that the finding was supported by substantial…