United States Ninth Circuit

Grant of a habeas petition challenging a conviction for murder is affirmed where: 1) jury instructions left open the possibility that the jury convicted defendant on a legally impermissible theory, namely, that the defendant joined the robbery only after an individual was killed; and 2) the court could not be "absolutely certain" that the jury found that defendant's crime of robbery was committed contemporaneously with the murder.

Appellate Information

• Argued 06/13/2006
• Decided 05/30/2007
• Published 05/30/2007

Judges

• PER CURIAM., Before:  ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jeremy Friedlander, Deputy Attorney General, San Francisco, CA, argued the cause for the respondent-appellant.  Bill Lockyer, Attorney General of the State of California;  Robert R. Anderson, Chief Assistant Attorney General;  Gerald A. Engler, Senior Assistant Attorney General;  and Peggy S. Ruffra, Supervising Deputy Attorney General were on the briefs., J. Bradley O'Connell, San Francisco, CA, argued the cause for the petitioner-appellee and was on the brief.