United States Ninth Circuit

A 28 U.S.C. section 2254 habeas petitioner was deprived of the constitutional right to have a jury decide every element of a second-degree murder offense based on implied malice, where the district court erroneously instructed the jury that it was a general-intent crime.

Appellate Information

• Argued 01/14/2003
• Decided 02/26/2003
• Published 02/26/2003

Judges

• Before HUG, ALARCÓN, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis P. Riordan and Donald M. Horgan, Riordan & Rosenthal, San Francisco, CA;  Marc Zilversmit, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Mark S. Howell, Deputy Attorney General of the State of California, San Francisco, CA, for the respondents-appellees.