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Michael Benson, Sr. v. Jeri Taylor
669 F. App'x 929
| 9th Cir. | 2016
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*1 Before: THOMAS, Chief Judge, and CLIFTON and NGUYEN, Circuit Judges.

Michael Benson appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his felony murder conviction. We affirm the judgment of the district court for the reasons set forth in detail in the district court’s opinion dated June 8, 2015.

*2 We agree with the district court that (1) Benson’s claims are not procedurally defaulted given the objections at trial and the fact that the Oregon Court of Appeals did not expressly invoke a procedural bar, see Smith v. Or. Bd. of Parole & Post-Prison Supervision , 736 F.3d 857, 860 (9th Cir. 2013); (2) the state trial court’s admission of certain statements was contrary to, or an unreasonable application of the Supreme Court’s decisions in Bruton v. United States , 391 U.S. 123 (1968) and Gray v. Maryland , 523 U.S. 185 (1998); and (3) the constitutional error was harmless given Benson’s own testimony, the testimony of Frank Perotte, and other corroborating evidence, see Brecht v. Abrahamson , 507 U.S. 619, 637 (1993).

AFFIRMED.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Case Details

Case Name: Michael Benson, Sr. v. Jeri Taylor
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 28, 2016
Citation: 669 F. App'x 929
Docket Number: 15-35455
Court Abbreviation: 9th Cir.
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