United States Ninth Circuit

A special circumstances murder conviction and death sentence are affirmed, as 1) defendant was unlikely to meet the prosecutorial misconduct standard necessary for an evidentiary hearing, and 2) no reasonable likelihood existed that jury applied purportedly erroneous instructions in an unconstitutional way.

Appellate Information

• Argued 12/28/2004
• Decided 03/20/2003
• Published 03/20/2003

Judges

• THOMAS, Circuit Judge., Before TASHIMA, THOMAS and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael Laurence, Barbara Saavedra, Susan Garvey, San Francisco, CA, attorneys, for petitioner-appellant.


• For Appellees:
  
• Dane R. Gillette, Deputy Attorney General, San Francisco, CA, for respondent-appellee.