United States Ninth Circuit

Denial of a habeas corpus petition challenging petitioner's jury conviction for unlawfully taking a vehicle is reversed in part where a state court's application of harmless error review to the trial court's jury instruction lowering the prosecution's burden of proof was contrary to or an unreasonable application of clearly established Supreme Court precedent.

Appellate Information

• Argued 10/15/2007
• Decided 12/11/2007
• Published 12/11/2007

Judges

• Before:  J. CLIFFORD WALLACE and JOHNNIE B. RAWLINSON, Circuit Judges, and JANE A. RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Krista Hart (briefed and argued), Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown Jr. (briefed), Dane R. Gillette (briefed), Michael P. Farrell (briefed), Carlos A. Martinez (briefed), and Wanda Hill Rouzan (briefed and argued), Sacramento, CA, for the respondent-appellee.