Davis

MEMORANDUM ***

Nevada state prisoner David Stanley Davis appeals the district court’s order denying his petition for habeas corpus. We affirm. Because the parties are familiar with the factual and procedural history, we will not recount it here.

I

The district court did not err in denying Davis’s claim for habeas relief based on the state trial court’s denial of his mistrial motion. Davis contends that the trial court should have granted his motion because the jury’s verdict may have been influenced by sympathy for the ailing Mrs. Mecchi after the jury overheard her making a loud noise directly outside of the courtroom.

In order to be entitled to relief for constitutional errors, the error must have “ ‘had a substantial and injurious effect or influence in determining the jury’s verdict.’” Brecht v. Abrahamson, 507 U.S. 619, 637 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993) (quoting Kotteakos v. United States, 328 U.S. 750, 776 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946)); Kennedy v. Lockyer, 379 F.3d 1041, 1054 (9th Cir.2004) (noting Brecht applies to post-AEDPA cases). When there is “‘a reasonable possibility that the extrinsic material could have affected the verdict,’ ” a defendant…