Unpublished Disposition, 848 F.2d 198 (9th Cir. 1988)
Annotate this CaseHector Jesus HERNANDEZ, Petitioner-Appellant,v.Roger CRIST, Warden of Arizona State Prison Complex-Tucson,et al., Respondents-Appellees.
No. 87-2180.
United States Court of Appeals, Ninth Circuit.
Submitted March 19, 1988.* Decided May 19, 1988.
Before FLETCHER, PREGERSON and CANBY, Circuit Judges.
MEMORANDUM**
Hector J. Hernandez, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Hernandez contends that the jury's verdict was not unanimous. He seeks reversal of his conviction on due process grounds. We affirm.
The Arizona state court's finding that the jury verdict was unanimous carries the presumption of correctness that we accord state court findings of fact. 28 U.S.C. § 2254(d); cf. United States v. McClintock, 748 F.2d 1278, 1292 (9th Cir. 1984), cert. denied 474 U.S. 822 (1985). Hernandez has failed to overcome this presumption by showing that the record does not fairly support the court's finding that the verdict was unanimous. 28 U.S.C. § 2254(d) (8); Marshall v. Lonberger, 459 U.S. 422, 432-35 (1983).
Hernandez also contends that the trial judge coerced juror Nelson into agreeing with the guilty verdict. The trial judge had a duty to ascertain Nelson's verdict. State v. Hernandez, 147 Ariz. 312, 313, 709 P.2d 1371 (1985). Hernandez has failed to show any facts constituting coercion by the trial judge. See, e.g., United States v. Nelson, 692 F.2d 83, 85 (9th Cir. 1982).
AFFIRMED.
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