United States Ninth Circuit

In a murder prosecution, denial of petitioner's habeas petition is affirmed where the California special circumstances statute that enhanced petitioner's first degree murder sentence to life without the possibility of parole (specifically, the lying in wait special circumstance) was not unconstitutionally vague under the Fourteenth Amendment.

Appellate Information

• Argued 04/15/2009
• Decided 12/03/2009
• Published 12/03/2009

Judges

• CANBY, Circuit Judge., Before:  WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matthew Braner, Deputy Public Defender, San Diego, CA, for the petitioner-appellant.


• For Appellees:
  
• Barry J. Carlton, Deputy Attorney General, San Diego, CA, for the respondents-appellees.