Ponce

Ponce v. Payne

Good Law
243 F. App'x 219
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-36001California371 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Cesar Ponce appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition challenging his jury-trial convictions for first degree rape, first degree kidnaping, second degree assault and felony harassment. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo a district court’s denial on the merits of a habeas corpus petition, Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004), and we affirm.

Ponce contends that he was denied due process when the trial court failed to excuse a juror who allegedly was biased by Ponce’s physical attack on the victim, his wife, in open court. This contention lacks merit because Ponce has failed to rebut the state court’s presumptively correct finding that the challenged juror could serve fairly and impartially. See 28 U.S.C. § 2254 (e)(1); Greene v. Georgia, 519 U.S. 145, 146 , 117 S.Ct. 578 , 136 L.Ed.2d 507 (1996) (per curiam) (“[F]ederal courts must accord a presumption of correctness to state courts’ findings of juror bias.”). Nor has Ponce demonstrated that the Washington Court of Appeals’ rejection of his jury bias claim was contrary…

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