Williams v. Cavazos

824 F.3d 814, 2016 U.S. App. LEXIS 9714, 16 Cal. Daily Op. Serv. 5526
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 27, 2016
Docket07-56127
StatusPublished

This text of 824 F.3d 814 (Williams v. Cavazos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Cavazos, 824 F.3d 814, 2016 U.S. App. LEXIS 9714, 16 Cal. Daily Op. Serv. 5526 (9th Cir. 2016).

Opinions

Dissent by Judge REINHARDT

OPINION

KOZINSKI, Circuit Judge:

During deliberations in the California murder trial of Tara Williams, the court dismissed a juror who was holding out for acquittal. An alternate juror was seated, and the jury convicted. We consider whether Williams is entitled to habeas relief on the ground that the dismissal of the holdout juror violated her Sixth Amendment rights.

FACTS AND PROCEDURAL HISTORY

In the fall of 1993, Williams drove two of her friends around Long Beach, casing stores for a potential robbery. Williams eventually stopped at a liquor store. While Williams and her infant son waited in the car, her two friends went inside, murdered [816]*816the store owner and robbed the cash register of $6 and food stamps. Williams was later charged with felony murder.

After the jury retired, the foreman sent a note claiming that one juror had “expressed an intention to disregard the law.” Judge Richard R. Romero and counsel questioned Juror 6, who admitted he had discussed jury nullification and the severity of the charge during deliberations. Judge Romero then questioned the other jurors, many of whom reported that Juror 6 had exhibited an unwillingness to follow the law because he disagreed with the felony murder rule and with the principle of vicarious liability. After hearing brief arguments from each side, Judge Romero said: “I’m going to dismiss [Juror 6], but not because he’s not deliberating and not because he’s not following the law.” Although Judge Romero stated that Juror 6 was “dismissed without any question in my 'mind as a biased juror,” he also stated that “not following the law is not a basis for his dismissal.” Judge Romero found that Juror 6 was biased because he was dishonest, was concerned with the severity of the charge and was “add[ing] his own words to the court’s instructions as to what the law is.” The judge then seated an alternate and the jury convicted the following day. Williams was sentenced to life in prison without the possibility of parole.

Williams argued on direct appeal that the dismissal of Juror 6 violated both her Sixth Amendment rights and the state statute governing juror dismissals. See Cal. Penal Code § 1089. The California Court of Appeal affirmed and the Supreme Court of California denied review. Williams unsuccessfully sought habeas relief in the California courts and eventually in federal district court.

We reversed. Williams v. Cavazos, 646 F.3d 626, 653 (9th Cir. 2011). Because the state appellate court had focused on the state statute and did not address the merits of Williams’s Sixth Amendment claim, we held that the federal claim had not been “adjudicated on the merits in State court” for the purposes of the Antiterrorism and Effective Death Penalty Act (AEDPA). .Id. at 636 (quoting 28 U.S.C. § 2254(d)). We therefore reviewed the federal claim de novo and held that the dismissal of Juror 6 violated Williams’s Sixth Amendment rights. Id. at 642-52.

The Supreme Court reversed, holding that, “[w]hen a state court rejects a federal claim without expressly addressing that claim, a federal habeas court must presume that the federal claim was adjudicated on the merits.” Johnson v. Williams, - U.S. -, 133 S.Ct. 1088, 1096, 185 L.Ed.2d 105 (2013). The Court concluded that “the restrictive standard of review set out in § 2254(d)(2)” — not de novo review— “applies, and that under that standard [Williams] is not entitled to habeas relief.” Id. at 1092.

On remand, we entered a brief order affirming the district court’s denial of the habeas petition, as the Supreme Court had instructed. Williams v. Johnson, 720 F.3d 1212, 1212 (9th Cir. 2013) (per curiam). But see id. at 1212 (Reinhardt, J., concurring); id. at 1214 (Kozinski, C.J., concurring). The Supreme Court vacated our order and instructed us to review the merits of Williams’s Sixth Amendment claim “under the standard set forth in 28 U.S.C. § 2254(d).” Williams v. Johnson, - U.S. -, 134 S.Ct. 2659, 2659, 189 L.Ed.2d 737 (2014) (per curiam). So here we are.

DISCUSSION

Under AEDPA, we may not grant habe-as relief unless the last reasoned opinion of [817]*817the state courts1 either “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d).

Williams advances three Sixth Amendment theories, which we consider in turn.

I

Williams first argues that the trial court’s inquiry into potential juror bias violated the Sixth Amendment by imper-missibly intruding on jury deliberations. Williams cites two Supreme Court cases holding that a trial judge may not recall the jury from its deliberations to inquire about the nature and extent of its division. Brasfield v. United States, 272 U.S. 448, 449-50, 47 S.Ct. 135, 71 L.Ed. 345 (1926); Burton v. United States, 196 U.S. 283, 307-08, 25 S.Ct. 243, 49 L.Ed. 482 (1905). Neither case is on point. The trial court’s evidentiary hearing in this case focused on the issue of juror bias, not on the nature of the jury’s division. The Supreme Court has expressly endorsed the use of evidentiary hearings to ferret out juror bias. See Smith v. Phillips, 455 U.S. 209, 215, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982). The process employed by the trial judge was not contrary to, nor an unreasonable application of, Supreme Court authority. See 28 U.S.C. § 2254(d)(1); see also Bell v. Uribe, 748 F.3d 857, 866-67 (9th Cir. 2014) (denying a similar claim for habeas relief).

II

Next, Williams argues that there is a reasonable probability that Juror 6 was excused because of his views as to guilt or innocence. Our previous opinion granted relief on this theory. Cavazos, 646 F.3d at 646-47. We relied on United States v. Symington, a Ninth Circuit case holding that the dismissal of a juror violates the Sixth Amendment when it is “reasonably possible that the impetus for [the juror’s] dismissal came from her position on the merits of, the case.” 195 F.3d 1080, 1088 (9th Cir. 1999).

Because the Supreme Court has held that AEDPA governs this case, we may not rely on circuit precedent when adjudicating Williams’s federal claim. See Glebe v. Frost, - U.S. -, 135 S.Ct. 429, 431, 190 L.Ed.2d 317 (2014) (per cu-riam).

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Related

Burton v. United States
196 U.S. 283 (Supreme Court, 1905)
Brasfield v. United States
272 U.S. 448 (Supreme Court, 1926)
United States v. Wood
299 U.S. 123 (Supreme Court, 1936)
Irvin v. Dowd
366 U.S. 717 (Supreme Court, 1961)
Duncan v. Louisiana
391 U.S. 145 (Supreme Court, 1968)
Sumner v. Mata
449 U.S. 539 (Supreme Court, 1981)
Smith v. Phillips
455 U.S. 209 (Supreme Court, 1982)
Wainwright v. Witt
469 U.S. 412 (Supreme Court, 1985)
Ylst v. Nunnemaker
501 U.S. 797 (Supreme Court, 1991)
Woodford v. Visciotti
537 U.S. 19 (Supreme Court, 2002)
Williams v. Cavazos
646 F.3d 626 (Ninth Circuit, 2011)
Marcus C. Sanders v. A.A. Lamarque, Warden
357 F.3d 943 (Ninth Circuit, 2004)
Ronald James Brewer v. James Hall, Warden
378 F.3d 952 (Ninth Circuit, 2004)
Johnson v. Williams
133 S. Ct. 1088 (Supreme Court, 2013)
Williams v. Cavazos
720 F.3d 1212 (Ninth Circuit, 2013)
Smith v. Curry
580 F.3d 1071 (Ninth Circuit, 2009)
Cook v. LaMarque
593 F.3d 810 (Ninth Circuit, 2010)
Williams v. Johnson
134 S. Ct. 2659 (Supreme Court, 2014)

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Bluebook (online)
824 F.3d 814, 2016 U.S. App. LEXIS 9714, 16 Cal. Daily Op. Serv. 5526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-cavazos-ca9-2016.