MORALES v. WOODFORD, 99-99020
Instructional error regarding the torture special circumstance under California law did not have a substantial injurious effect on the jury verdict, and petitioner's Eighth Amendment challenge to the "lying in wait" special circumstance also fails.
- Decided 07/28/2003
- Published 07/28/2003
Before: FERNANDEZ, KLEINFELD, and McKEOWN, Circuit Judges.
United States Ninth Circuit
David A. Senior, McBreen & Senior, Los Angeles, CA, for the appellant.
Keith H. Borjon, Supervising Deputy Attorney General, Los Angeles, CA, for the appellee.