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United States Ninth Circuit


MCNEIL v. MIDDLETON, 01-56565

An erroneous "imperfect self-defense" instruction in a murder trial wholly deprived petitioner of that defense by requiring that her fear be reasonable, thus petitioner was denied due process.

Appellate Information

  • Decided 09/22/2003
  • Published 09/22/2003

Judges

  • Before: BEEZER, FERNANDEZ, and PAEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Charles R. Khoury, Jr., Wilton, NH, for the petitioner-appellant.

  • For Appellees:
  • Warren P. Robinson, Deputy Attorney General, San Diego, CA, for the respondent-appellee.
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