Barnes v. Terhune
Opinion of the Court
MEMORANDUM
We affirm the district court’s denial of Barnes’s petition for habeas corpus.
Second, the state court did not unreasonably determine the facts, in light of the evidence presented, in finding that the ex parte communications did not prejudice Barnes.
Third, the state court did not unreasonably apply clearly established federal law, as determined by the Supreme Court, when it found that the state had rebutted the presumption that Barnes was prejudiced by jurors who presented personal “expert” testimony during deliberations.
Finally, the state court did not unreasonably determine the facts, in light of the evidence presented, in finding that jurors’ “expert” testimony did not prejudice Barnes.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. 28 U.S.C. § 2254(d)(1).
. See Rushen v. Spain, 464 U.S. 114, 104 S.Ct. 453, 78 L.Ed.2d 267 (1983); Remmer v. United States, 350 U.S. 377, 76 S.Ct. 425, 100 L.Ed. 435 (1956).
. 28 U.S.C. § 2254(d)(2).
. 28 U.S.C. § 2254(d)(1).
. 28 U.S.C. § 2254(d)(2).
Reference
- Full Case Name
- Johnny Lee BARNES, Plaintiff—Appellant v. Cal A. TERHUNE, Director of CDC, Defendant—Appellee
- Cited By
- 1 case
- Status
- Published