United States Ninth Circuit

In an auto theft matter, the denial of Petitioner's habeas petition is affirmed, where the state court of appeals' application of harmless error review to the trial court's failure to give a mistake of fact instruction regarding Petitioner's alleged belief that he had permission to use the car was not clearly unreasonable.

Appellate Information

• Argued 10/15/2007
• Decided 05/15/2009
• Published 05/15/2009

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.