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SIMMONS v. BLODGETT

No. 96-35095.

110 F.3d 39 (1997)

David F. SIMMONS, Petitioner-Appellant, v. James BLODGETT, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1997.

As Amended April 18, 1997.

Attorney(s) appearing for the Case

Jonathan S. Solovy, Bell, Flegenheimer, Leong & Solovy, Seattle, WA, for petitioner-appellant.

Thomas J. Young, Assistant Attorney General, Olympia, WA, for respondent-appellee.

Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges.

RYMER, Circuit Judge:

David Simmons again appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction on two counts of first degree aggravated murder, and one count of conspiracy to commit murder, on the ground that juror misconduct violated his Sixth Amendment right to a fair trial. The district court held that it was bound by the state court's finding that the juror read one newspaper article that she shouldn't have...

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