United States Ninth Circuit

Dismissal of defendant's pro se habeas corpus petition is reversed where defendant's federal right to due process was violated at his California state trial for murder when the trial court charged the jury during the guilt phase that he was "conclusively presumed to be sane" by the jury, and the error was not harmless.

Appellate Information

• Argued 10/21/2005
• Decided 08/01/2006
• Published 08/01/2006

Judges

• MAHAN, District Judge:, Before: THOMAS and W. FLETCHER, Circuit Judges, and MAHAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John J. Jordan, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• John Deist, Office of the California Attorney General, San Francisco, CA, for the respondent-appellee.