United States Ninth Circuit

Denial of a petition for writ of habeas corpus is reversed where petitioner's federal constitutional right to due process was violated because the instructions given at his trial permitted the jury to convict him of first-degree murder without a finding of the essential element of deliberation.

Appellate Information

• Argued 02/14/2007
• Decided 09/11/2007
• Published 09/11/2007

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  B. FLETCHER, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lori C. Teicher, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• George J. Chanos, Attorney General, Robert E. Weiland (argued), Senior Deputy Attorney General, Criminal Justice Division, Reno, NV, for the respondents-appellees.