Marceleno

Marceleno v. Lamarque

Good Law
141 F. App'x 672
United States Court of Appeals for the Ninth CircuitAugust 15, 2005No. 04-56377California259 words

Opinion

Lead Opinion

MEMORANDUM *

Erik Marceleno appeals the district court’s denial of his habeas petition brought pursuant to 28 U.S.C. § 2254 . We are precluded from granting relief unless the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or “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).

The state court did not determine facts unreasonably in ruling: (1) that Marceleno failed to establish that the juror’s answers in his jury questionnaire or on voir dire *673 were false or concealed a bias, and (2) that the juror’s statements during deliberations were not inconsistent with his previous representations. See Dyer v. Calderon, 151 F.3d 970, 973 (9th Cir.1998) (en banc) (stating standard to prevail on a juror bias claim). Nor were those rulings contrary to, or an unreasonable application of, Supreme Court precedent.

The state court also did not contravene or unreasonably apply Supreme Court precedent, or determine facts unreasonably, in holding that the juror’s personal…

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