King

King v. Ryan

Good Law
318 F. App'x 542
United States Court of Appeals for the Ninth CircuitMarch 10, 2009No. 07-55150California346 words

Opinion

Lead Opinion

*543 MEMORANDUM **

Clinton Douglas King (King) appeals from the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254 . We affirm.

King presents no evidence of juror misconduct that supports finding a violation of clearly established federal law in denying him access to the jurors’ personal information. See 28 U.S.C. § 2254 (d)(1); Grotemeyer v. Hickman, 393 F.3d 871 (9th Cir.2004). That a juror brought his “outside experience to bear on the case is not sufficient to make [his] alleged statements violate” King’s right of confrontation or right to an impartial jury. Grotemeyer, 393 F.3d at 878-79 .

Moreover, King does not present colorable evidence of extrinsic influence so that an evidentiary hearing or other action, such as disclosure of jurors’ personal information, was required under Remmer v. United States, 347 U.S. 227 , 74 S.Ct. 450 , 98 L.Ed. 654 (1954). Grotemeyer, 393 F.3d at 880-81 . King attempts to distinguish Grotemeyer , but that case involved the denial of an evidentiary hearing under similar circumstances. See Grotemeyer, at 875-76; 880-81. A juror’s provision of a scientific explanation for his statements during deliberations is not…

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