United States Ninth Circuit

Dismissal of a habeas petition challenging defendant's conviction of an attempted lewd act upon a child under the age of 14 is reversed and remanded for further proceedings, where prosecutorial misstatements made in closing argument, negating an essential element of intent under California law, and without corrective instruction, amounted to constitutional trial and error under established federal law.

Appellate Information

• Decided 09/29/2014
• Published 09/29/2014

Judges

• Christen

Court

• United States Ninth Circuit

Counsel