United States Ninth Circuit

Structural error has occurred when jury instructions contain two theories, one of which is untenable, because the court cannot conclude upon which theory the jury relied. Therefore, the court reversed district courts denial of defendant's habeas petition.

Appellate Information

• Argued 08/05/2003
• Decided 06/10/2004
• Published 06/10/2004

Judges

• RAWLINSON, Circuit Judge:, Before: ALDISERT,TALLMAN, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marilee Marshall, Pasadena, CA, for the petitioner-appellant.


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