Corrales

Corrales v. Neven

Good Law
327 F. App'x 32
United States Court of Appeals for the Ninth CircuitMay 13, 2009No. 07-55913California319 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner George Anthony Corrales appeals the district court’s dismissal of his petition for habeas corpus, filed pursuant to 28 U.S.C. § 2254 . We affirm.

We review de novo the district court’s decision to deny a petition for habeas corpus. Perez v. Marshall, 119 F.3d 1422, 1425-26 (9th Cir.1997). Because the petition was filed after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 (d), its standards control.

The state court’s adjudication resulted in neither an unreasonable application of clearly established federal law, as determined by the Supreme Court, nor a decision based on an unreasonable determination of the facts in light of the evidence presented at trial. See 28 U.S.C. § 2254 (d). The Supreme Court has never held that dismissal of a lone holdout juror violates a defendant’s constitutional rights. We are not convinced that the trial court’s actions here coerced the jury to return a guilty verdict, Lowenfield v. Phelps, 484 U.S. 231 , 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988), or deprived Petitioner of his right to have his trial completed by a particular tribunal, United States v. Jorn, 400 U.S. 470 , 91…

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