United States Ninth Circuit

Because the court's midtrial instruction, contrary to the principles in Carella v. California, 491 U.S. 263 (1989), effectively directed the jury to find for the state on the specific intent element of failing to appear at a sentencing hearing, the defendant was entitled to a conditional grant of writ of habeas corpus and new trial.

Appellate Information

• Decided 03/04/2002
• Published 03/04/2002

Judges

• Before B. FLETCHER, BOOCHEVER and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alexandra McClure, Assistant Federal Public Defender, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• John R. Vance, Jr., Deputy Attorney General, San Francisco, CA, for the respondent-appellee.