Christian Walker v. Brian Williams

MEMORANDUM

Nevada state prisoner Christian Walker appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for second degree murder with use of a deadly weapon. The district court had jurisdiction under 28 U.S.C. §§ 1331 and 2254(a), and we have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a). Because the parties are familiar with the facts, we do not recount them here. We affirm.

I

The Nevada Supreme Court did not unreasonably apply clearly established federal law when it concluded that Walker suffered no prejudice from the jury’s exposure to inadmissible evidence. 28 U.S.C. § 2254 (d) (providing standard). In order to obtain habeas relief, a state prisoner must show that a trial error “had substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 623 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). The jurors’ exposure to the handwritten notations on the evidence bags did not have a “substantial and injurious effect” on their verdict. The handwritten notations were acronyms; there is nothing in the record to indicate that the jurors were able to decipher the notations or…