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Duran v. Castro
Citation: 102 F. App'x 631Docket: No. 03-56374
Court: Court of Appeals for the Ninth Circuit; July 12, 2004; Federal Appellate Court
Jose Luis Duran, a California state prisoner convicted of murder, appealed the district court's denial of his 28 U.S.C. § 2254 habeas petition. The appellate court affirmed the lower court's decision. Although the California Court of Appeal's ruling was found to be contrary to established federal law, Duran did not meet the Brecht v. Abrahamson standard necessary for habeas relief. He failed to demonstrate that alleged juror misconduct occurred during the critical break immediately before the verdict, which would have indicated a "substantial and injurious effect" on the jury's decision. The court concluded that the misconduct could just as likely have happened during an earlier break. Furthermore, the trial court had re-instructed the jury on the appropriate standards after the earlier break, supporting a strong inference that the jury adhered to these instructions rather than any extraneous information. The court's final ruling was to affirm the denial of Duran's petition, and the disposition was designated as not suitable for publication, with citation restrictions per Ninth Circuit Rule 36-3.