U.S. Court of Appeals for the Ninth Circuit, 2010

Poland v. Clark

Poland v. Clark
U.S. Court of Appeals for the Ninth Circuit · Decided March 26, 2010 · Schroeder, Pregerson, Rawlinson
372 F. App'x 730

Poland v. Clark

Opinion

MEMORANDUM **

California state prisoner Michael Howard Poland appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Poland contends that the trial court violated his constitutional rights by denying his motion for a mistrial because the jury committed misconduct by considering, during deliberations, a transcript that was not *731 admitted into evidence. The record reflects that the California state court’s rejection of this claim did not result in a decision that was “contrary to, or involve[ ] an unreasonable application of, clearly established Federal law,” or “an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” See 28 U.S.C. § 2254(d); see also Mancuso v. Olivarez, 292 F.3d 939, 949-53 (9th Cir. 2002).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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