United States Ninth Circuit

Denial of a petition for habeas relief from petitioner's convictions for the molestation of two minor boys is affirmed where: 1) the district court did not err in excusing petitioner's late filing of a notice of appeal; and 2) a claim of instructional error failed as it was absolutely certain that the jury found beyond a reasonable doubt that petitioner was guilty of the charged offenses; and 3) the circuit court declines to expand the certificate of appealability to consider a due process claim that the trial court was required to hold an evidentiary hearing to determine his competence.

Appellate Information

• Argued 04/14/2008
• Decided 08/01/2008
• Published 08/01/2008

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry L. Morris, Hayward, CA, for the petitioner-appellant.


• For Appellees:
  
• Mark Howell, Assistant Attorney General for the state of California, San Francisco, CA, for the respondent-appellee.