United States Ninth Circuit

Grant of a petition for habeas corpus challenging convictions for second-degree murder and attempted second-degree murder is affirmed where, although the evidence was sufficient to support the convictions under applicable case law, ambiguous jury instructions on accomplice liability, in combination with other factors, unconstitutionally relieved the state of its burden of proof of an element of the crimes with which he was charged.

Appellate Information

• Argued 11/15/2005
• Decided 03/07/2007
• Published 03/07/2007

Judges

• Before REINHARDT, W. FLETCHER, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John J. Samson, Office of the Washington Attorney General, Olympia, WA, for the respondent-appellant., Patricia S. Novotny, and David B. Zuckerman, Seattle, WA, for the petitioner-appellee.