9th Cir.
11-56768
The court of appeals reversed a district court judgment and remanded the action with instructions. The court held that federal habeas petitioners failed to rebut the presumption that the California Court of Appeal adjudicated their federal Sixth Amendment claim on the merits despite not expressly addressing that claim in its decision on their state court appeals. The court held further that the state appellate court’s decision affirming a juror’s removal for misconduct, in the form of compiling outside medical research and presenting an expert mental health opinion to fellow jurors, was neither contrary to nor an unreasonable application of clearly established federal law.
