Read 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.

Appellate Information

• Decided 07/28/2003
• Published 07/28/2003

Judges

• Before:  FERNANDEZ, KLEINFELD, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Senior, McBreen & Senior, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Keith H. Borjon, Supervising Deputy Attorney General, Los Angeles, CA, for the appellee.