United States Ninth Circuit

Jury instruction that told the jury that defendant could be found guilty of first-degree murder provided he "committed the crime of torture" was erroneous because torture is not a predicate crime for felony-murder.

Appellate Information

• Argued 08/11/2000
• Decided 12/12/2000
• Published 12/12/2000

Judges

• DAVID R. THOMPSON, Circuit Judge:, Before:  THOMPSON, T.G. NELSON, and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William Weiner, San Francisco, California, for the petitioner-appellant.


• For Appellees:
  
• Morris Beatus, California Deputy Attorney General, San Francisco, California, for the respondent-appellee.