United States Ninth Circuit

The district court properly granted habeas relief where the use of a California jury instruction, which allowed the jury to find guilt by relying on facts found only by a preponderance of the evidence, violated plaintiff-prisoner's due process rights.

Appellate Information

• Argued 03/02/2004
• Decided 10/04/2004
• Published 10/04/2004

Judges

• WARDLAW, Circuit Judge:, Before: KLEINFELD, WARDLAW, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ralph H. Goldsen, Goleta, CA, for the petitioner-appellee., Bill Lockyer, Attorney General of the State of California;  Robert R. Anderson, Chief Assistant Attorney General;  Pamela C. Hamanaka, Senior Assistant Attorney General;  Kenneth C. Byrne, Supervising Deputy Attorney General;  and Michael C. Keller, Deputy Attorney General, Los Angeles, CA, for the respondent-appellant.