United States Ninth Circuit
Rademaker v. Paramo, 14-56946
Dismissal of a habeas corpus petition challenging a California state conviction for first-degree murder with a special circumstance for committing the murder during the commission of a kidnapping, is affirmed where, although the jury found the special circumstance based on an erroneous jury instruction regarding the element of asportation, the California Court of Appeal's determination that the instructional error was harmless beyond a reasonable doubt was not an objectively unreasonable application of Chapman v. California, 386 U.S. 18 (1967).
Appellate Information
- Decided
- Published 2016/08/30
Judges
- CALLAHAN
Court
- United States Ninth Circuit