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.