United States Ninth Circuit

Denial of a petition for a writ of habeas corpus from convictions for kidnapping, assault with a firearm, and assault with a deadly weapon is affirmed where: 1) jury instructions did not violate petitioner's due process rights under In re Winship, 397 U.S. 358 (1970), with respect to the kidnapping and assault convictions; and 2) admission of evidence of prior uncharged sexual offenses did not violate clearly established Supreme Court precedent.

Appellate Information

• Argued 04/14/2008
• Decided 07/25/2008
• Published 07/25/2008

Judges

• GOULD, Circuit Judge:, Before:  RONALD M. GOULD, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Suzanne A. Luban, Oakland, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Brian G. Smiley, Supervising Deputy Attorney General, and Justain P. Riley, Deputy Attorney General, Sacramento, CA, for the respondents-appellees.