Xiong v. Felker, et al., No. 09-16830 (9th Cir. 2012)
Annotate this CasePetitioner was convicted of second degree murder with aggravating enhancements. This case presented three certified issues which the court reviewed under the Anti-terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2254(d): (1) whether petitioner's federal due process rights were violated when the trial court construed California law to allow jurors to refuse to discuss their deliberations and alleged misconduct after trial; (2) whether jury misconduct involving unsolicited observations of some jurors deprived petitioner of his right to an impartial jury; and (3) whether petitioner received ineffective assistance of counsel due to counsel's elicitation of unfavorable expert testimony on cross-examination. The court held that the California Court of Appeal's decision was not an unreasonable application of petitioner's Sixth and Fourteenth Amendment rights under AEDPA's stringent standard and the court affirmed the decision of the district court denying the petition for habeas corpus relief.
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