No. 09-16830.

681 F.3d 1067 (2012)

TONG XIONG, Petitioner-Appellant, v. Tom FELKER, Warden; Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2012.

Attorney(s) appearing for the Case

Stephanie M. Adraktas , Berkeley, CA, for the petitioner-appellant.

Kamala D. Harris , Michael P. Farrell , Tami M. Krenzin , Kenneth N. Sokoler , California Department of Justice, Sacramento, CA, for the respondents-appellees.

Opinion by Judge MILAN D. SMITH, JR., Circuit Judge; Dissent by Judge NOONAN.


M. SMITH, Circuit Judge:

This case presents three certified issues which we review under the Anti-terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254(d): (1) whether Petitioner-Appellant Tong Xiong's (Xiong) federal due process rights were violated when the trial court construed California law to allow jurors to refuse to discuss their deliberations and alleged misconduct after trial; (2) whether jury misconduct involving unsolicited...

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