Boddie

Boddie v. Kernan

Good Law
143 F. App'x 51
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 04-15949California331 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Roderick Bernard Boddie appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition, challenging his conviction for first-degree robbery. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Boddie contends that the state trial court erred in failing to grant his motion for a mistrial based upon the jury’s receipt of an unredacted exhibit list. Assuming arguendo that Boddie has presented a federal constitutional claim, we conclude that the state appellate court’s decision in this case was neither contrary to clearly established federal law nor objectively unreasonable, nor was it based on an unreasonable determination of the facts. See 28 U.S.C. § 2254 (d); Lockyer v. Andrade, 538 *52 U.S. 63 , 123 S.Ct. 1166, 1172-73 , 155 L.Ed.2d 144 (2003). Boddie has not established that the jury was actually exposed to extrinsic evidence before rendering its verdict, nor does it appear that the presumed error had a “substantial and injurious effect or influence in determining the jury’s verdict.” See Brecht v. Abrahamson, 507 U.S. 619, 637-38 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). Accordingly, the district court…

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