United States Ninth Circuit

The denial of Petitioner's habeas petition is affirmed, where California's untimeliness rule is not an independent and adequate state procedural ground for denying habeas relief, but the jury was properly instructed that it was required to find malice aforethought to convict Petitioner of second-degree murder.

Appellate Information

• Argued 03/09/2009
• Decided 04/21/2009
• Published 04/21/2009

Judges

• EDMUNDS, District Judge:, Before:  PROCTER HUG, JR. and CARLOS T. BEA, Circuit Judges, and NANCY G. EDMUNDS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Paul Balazs, Law Offices of John P. Balazs, for the petitioner-appellant.


• For Appellees:
  
• Robert Todd Marshall, Assistant Attorney General, AGCA-Office of the California Attorney General (SAC), for the respondent-appellee.