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United States Ninth Circuit


Smith v. Swarthout, 11-17116

The district court did not err in denying a habeas corpus petition alleging juror bias, misconduct, and related error in connection with a conviction of corporal injury to a spouse and making criminal threats, where: 1) the state court did not unreasonably determine the facts in denying petitioner's claim that Juror No. 6 should have been discharged for bias; 2) Juror No. 6's conducting of his own research and discussing his findings with the jury did not have a substantial and injurious effect or influence on the verdict on the counts of conviction; and 3) petitioner's remaining claims fail.

Appellate Information

  • Decided 02/10/2014
  • Published 02/10/2014

Judges

  • ALARCÓN

Court

  • United States Ninth Circuit

Counsel

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