Cruz

Cruz v. Sullivan

Good Law
191 F. App'x 604
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-55510California458 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Ricardo Cruz appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . Cruz was convicted of first-degree murder and sentenced to 28 years to life in prison. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo the denial of habeas relief, Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004), and we affirm.

Cruz contends that two episodes in which jurors interacted with trial witnesses require habeas relief. The first episode involved a juror asking a police gang expert who had just finished testifying whether she should be concerned about retaliation in connection with her service on Cruz’s jury. The record indicates that, after an in camera hearing, the trial judge and the parties were satisfied that the conversation had no influence on the jury. Because the California courts’ conclusion that any presumption of prejudice had been rebutted was neither contrary to nor an unreasonable application of federal law, Cruz is not entitled to habeas relief on this claim. See 28 U.S.C. § 2254 (d)(1); see also Mattox v. United States, 146 U.S. 140, 150 , 13 S.Ct. 50 , 36 L.Ed. 917…

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