United States Ninth Circuit

District court's denial of habeas petition challenging Nevada conviction and death sentence for murder is reversed where because Nevada law treated deliberation as a distinct element of first-degree murder at the time petitioner was convicted and at the time his conviction became final, the district court's use of an instruction during the guilt phase of trial defining deliberation as a part of premeditation, rather than as a separate element, constituted a due process violation.

Appellate Information

• Decided 05/15/2015
• Published 05/15/2015

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel