Cambra

Smith v. Cambra

Good Law
177 F. App'x 647
United States Court of Appeals for the Ninth CircuitApril 18, 2006No. 04-17296California317 words

Opinion

Lead Opinion

MEMORANDUM ***

The facts are known to the parties.

Under McDonough Power Equipment v. Greenwood, 464 U.S. 548, 556 , 104 S. Ct. 845 , 78 L.Ed.2d 663 (1984), a defen *648 dant is entitled to a new trial only if he can “first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause.” Here, the state court reasonably found that it was “too harsh to say, as defendant does, that [the juror] ‘lied about her profession’ or that she was ‘not interested in sharing the truth’ with the trial court.” People v. Smith, No. 94F05882, at 27 (Cal.Ct.App. July 16, 1996); see 28 U.S.C. § 2254 (d)(2) (2000). Furthermore, the similarity between the juror’s and the victim’s professions was insufficient to establish a presumption of prejudice supporting a challenge for cause. See Smith v. Phillips, 455 U.S. 209 , 102 S.Ct. 940 , 71 L.Ed.2d 78 (1982); Tinsley v. Borg, 895 F.2d 520, 529 (9th Cir.1990). We cannot say that the state’s ruling was an unreasonable application of clearly established federal law as determined by the Supreme Court. See 28 U.S.C. § 2254 (d)(1)…

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