Parks
Parks v. Castro
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Charles A. Parks appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a § 2254 petition, see Schell v. Witek, 218 F.3d 1017, 1022 (9th Cir.2000) (en banc), and we affirm.
Parks contends that the trial court violated his due process rights when it denied his motion to sever the two counts of burglary. While the California Court of Appeal concluded that the trial court erred as a matter of state law, we affirm the district court’s finding that this error did not have a “substantial and injurious effect on the jury’s verdict.” See Sandoval v. Calderon, 241 F.3d 765, 772 (9th Cir.2000) (quoting Bean v. Calderon, 163 F.3d 1073, 1086 (9th Cir.1998)).
Parks also contends that he is entitled to relief because the trial court erred in permitting the prosecutor to instruct the jurors that the evidence was cross-admissible. While the statement made during closing arguments was improper, this trial error did not have a “a substantial and injurious effect or influence in determining the jury’s verdict.” See Brecht v. Abrahamson, 507 U.S.…