Michael A. Sims v. James Rowland, Director of the California Department of Corrections

BYBEE, Circuit Judge.

We must decide whether a state court’s failure to hold an evidentiary hearing sua sponte when presented with evidence of juror bias is contrary to, or an unreasonable application of, clearly established federal law as determined by the United States Supreme Court. 28 U.S.C. § 2254(d)(1) (2000). We hold that it is not. Accordingly, we affirm the decision of the district court denying the appellant’s petition for a writ of habeas corpus.

I

The appellant, Michael Sims, was charged in California Superior Court with, inter alia, one count of first degree robbery and two counts…