U.S. Court of Appeals for the Ninth Circuit, 2004

Delgado Parreno v. Roe

U.S. Court of Appeals for the Ninth Circuit · Decided August 4, 2004

110 F. App'x 753

Counsel

Kenneth M. Stern, Woodland Hills, CA, for Petitioner-Appellant., Felix Delgado Parreno, Susanville, CA, pro se., Elizabeth A. Hartwig, Asst. U.S. Atty., San Diego, CA, for Respondent-Appellee.

Cases that cite this one

1 later published case cites this decision.

Delgado Parreno, AKA Delgado v. Yarborough, Warden (Supreme Court of the United States 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MEMORANDUM***

There was no error justifying habeas relief arising from the state court’s *754admitting into evidence the burglary tools found in Parreno’s possession on the day he was arrested. The evidence was relevant to the issues of intent and identification. It was properly admitted under state law and did not render his trial fundamentally unfair so as to permit habeas relief.

There was also no error justifying habeas relief arising from the jury’s consideration of one juror’s experience with opening a door using a credit card. This discussion during the deliberations was not extraneous evidence, but rather the juror’s discussion of his past personal experience as it related to weight of the trial evidence. As such, it did not constitute jury misconduct.

AFFIRMED.

•pjjjg disposition is not appropriate for publication and may not be cited to or by the *754courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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