Todd

MEMORANDUM **

This is an appeal from the district court’s order denying a petition for a writ of habeas corpus. The appeal is brought pursuant to 28 U.S.C. § 2253 . 1 The petitioner-appellant, Michael Todd, contends that the district court erred when it rejected Todd’s assertion that a California state trial court coerced a jury into returning a guilty verdict against him during his murder trial.

The issues presented are: 1) whether the court lacks jurisdiction over this matter because Todd filed his notice of appeal forty-nine days after the district court rendered judgment; and 2) whether the district court erred when it concluded that the state appellate court’s ruling on direct appeal did not involve an unreasonable application of clearly established federal law.

For the reasons set forth hereinafter, we affirm the decision of the district court.

FACTS

A review of the record reveals the following material facts which are undisputed except where designated otherwise.

On August 19, 1996, a California state jury convicted the petitioner-appellant, Michael Todd, of murder by torture, false imprisonment by force or menace, and torture. His co-defendant was Kenneth Buffer. At…

concurring:

I concur in the result.