United States Ninth Circuit

A state trial court's mid-trial jury instruction improperly removed the element of specific intent from the jury's consideration and effectively directed the jury to find for the state on that element. A "harmless error" review standard is inapplicable.

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

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.