United States Ninth Circuit

The district court's conditional grant of a habeas corpus petition claiming that petitioner was denied his right to notice of the nature of the accusations against him when the trial judge gave an aiding and abetting jury instruction, is affirmed, where: 1) the prosecution's conduct affirmatively led petitioner to believe it would not rely on an aiding-and-abetting liability theory; 2) the aiding-and-abetting jury instruction violated defendant's fundamental right to receive notice of the nature of the charges against him and have a meaningful opportunity to prepare a defense; and 3) the error was not harmless.

Appellate Information

• Decided 09/23/2013
• Published 09/23/2013

Judges

• THOMAS

Court

• United States Ninth Circuit

Counsel