United States Ninth Circuit

Denial of a habeas petition for a new trial after petitioner's conviction in California state court for, inter alia, second-degree murder is affirmed over claims that his rights to due process and a fair and impartial jury were violated because juror misconduct resulted in the consideration of impermissible extraneous information by the jury, and because two jurors were impermissibly biased.

Appellate Information

• Argued 08/07/2007
• Decided 01/23/2008
• Published 01/23/2008

Judges

• BAER, Senior District Judge:, Before:  ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON, Circuit Judge, and HAROLD BAER, JR., Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, California, for the petitioner-appellant.


• For Appellees:
  
• Bill Lockyer, Mary Jo Graves, Gary Schons, Matthew Mulford, Elizabeth Hartwig, Lynne McGinnis, Office of Attorney General of the State of California, San Diego, California, for the respondent-appellee.