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California Court of Appeal


PEOPLE v. JOHNWELL, F041899

Defendant successfully challenges his murder conviction on grounds that a jury instruction assigning him a higher burden of proof than is constitutionally permissible was error that was not harmless beyond a reasonable doubt.

Appellate Information

  • Decided 08/30/2004
  • Published 08/30/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Kyle Gee, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.
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