Robinson v. Woodford
Robinson v. Woodford
Opinion of the Court
MEMORANDUM
Jamaal Robinson appeals from the district court’s order denying his petition for habeas corpus.
We first address Robinson’s claim of juror misconduct. The prosecution produced ample evidence that Robinson had been the shooter in both incidents, including several eyewitness identifications. The central issue at trial therefore was whether Robinson fired intending to kill his potential victims, or just to scare them. Stephanie Matthews, a witness to the recreation center shooting, testified that the shooter was holding his gun in the air when he fired, suggesting that the shooter did not intend to kill. Other evidence, including that a bullet struck a bystander, suggested that Robinson aimed to do harm.
The Matthews testimony notwithstanding, the jury concluded that Robinson’s actions during both incidents had been “willful, deliberate, and premeditated.” After the jury returned its verdict, Robinson’s counsel learned that two jurors had informed their colleagues during deliberations that “your arm kicks upward” and
Robinson urges that these statements were extrinsic evidence and that the jury’s consideration of them was misconduct that deprived Robinson of his right to be judged solely on the evidence. Robinson further contends that the trial court’s denial of his request for juror identification information prevented him from corroborating this claim. Although exposing a jury to facts that were not properly in evidence can be a constitutional injury, see Lawson v. Borg, 60 F.3d 608, 612 (9th Cir. 1995), jurors are expected to rely on their personal experiences and common sense during deliberations. See Grotemeyer v. Hickman, 393 F.3d 871, 881 (9th Cir. 2004) (“Varied juror experience is a virtue that assists juries in ascertaining the truth.”); United States v. Navarro-Garcia, 926 F.2d 818, 821 (9th Cir. 1991). Robinson has not shown that the trial court’s denial of his motion for juror information is contrary to clearly established federal law as determined by the Supreme Court. We hold that the district court did not err by denying Robinson’s petition for habeas relief on this ground.
Robinson further contends that the trial court deprived him of due process by denying his motion to sever the claims based on the Moonlite Market shooting from the claims based on the recreation center shooting. Robinson argues that trying the charges relating to both incidents in one trial created a risk that the jury would convict Robinson for the Moon-lite Market shooting even though, in Robinson’s view, the evidence underlying those charges was weaker than the evidence relating to the recreation center shooting. We disagree. There was strong evidence suggesting Robinson’s involvement in both shootings, including eyewitness testimony, forensic evidence, and evidence of contemporaneous hostilities between the street gang to which Robinson belonged and the gang to which his intended victims belonged. Also, the trial court instructed the jury to consider each count separately, which mitigated any prejudice to Robinson. See Davis, 384 F.3d at 639. Because Robinson has not shown that his simultaneous trial of the charges relating to both shootings was “fundamentally unfair and hence, violative of due process[,]” the state trial court’s denial of his motion for a severance was not contrary to clearly established federal law. See Sandoval v. Calderon, 241 F.3d 765, 771-72 (9th Cir. 2001) (quoting Featherstone v. Estelle, 948 F.2d 1497, 1503 (9th Cir. 1991)). Consequently, we hold that the district court did not err by denying Robinson habeas relief on this ground.
Finally, Robinson raises one uncertified issue on appeal: whether sufficient evidence supports his convictions.
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 9th Cir. R. 36-3.
. We review a district court's order denying a petition for habeas corpus de novo. See Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir. 2004). Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Robinson must demonstrate: (1) that the state court decision from which he seeks relief was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the United States Supreme Court; or (2) that the challenged state court decision was based on an unreasonable determination of the facts. See Lockyer v. Andrade, 538 U.S. 63, 70-73, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003).
. Because the parties are familiar with the facts and the procedural history underlying this appeal, we mention them only where necessary to explain our decision.
. The record before the jury did not contain evidence regarding the manner of a firearm’s movements when fired.
. AEDPA limits the scope of appellate review in habeas appeals to issues certified in a certificate of appealability (COA). See Nardi v. Stewart, 354 F.3d 1134, 1137 (9th Cir. 2004). We construe an uncertified issue raised on appeal as a motion to expand the COA and we will grant such a request where the petitioner makes a substantial showing the he was deprived of a constitutional right. See id. at 1139.
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