Darryl Allen Smith v. J.F. SALAZAR, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
SZ/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DARRYL ALLEN SMITH,
Petitioner - Appellant,
v.
J.F. SALAZAR, Warden,
Respondent - Appellee.
No. 07-56393
D.C. No. CV-07-00242-SJO
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
California state prisoner Darryl Allen Smith appeals from the district court’s
judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction
pursuant to 28 U.S.C. § 2253, and we affirm.
FILED
MAR 10 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SZ/Research 07-56393 2
Smith contends that his constitutional rights were violated when the trial
court refused to excuse a juror who allegedly harbored a bias against him. The
state court’s decision rejecting this claim was neither contrary to, nor involved an
unreasonable application of, clearly established federal law as determined by the
Supreme Court of the United States. See 28 U.S.C. § 2254(d)(1); Smith v.
Phillips, 455 U.S. 209, 215 (1982); Ristaino v. Ross, 424 U.S. 589, 595 n.6 (1976).
Moreover, the state court’s decision did not constitute an unreasonable
determination of the facts in light of the evidence presented. See 28 U.S.C.
§ 2254(d)(2), (e)(1); Wainwright v. Witt, 469 U.S. 412, 429 (1985).
AFFIRMED.

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