Willard Hall v. F. Haws

Dissent by Judge CALLAHAN

OPINION

PREGERSON, Circuit Judge:

This is a rare and extraordinary ease. On July 7, 2001, Ronnie Sherrors and Petitioner Willard Hall as co-defendants were convicted of first degree murder in state court. The trial court’s jury instructions included California Jury Instruction Criminal (“CALJIC”) 2.15, which allowed the jury to infer guilt of murder from evidence that defendants were in possession of re*981cently stolen property plus slight corroborating evidence.

On July 16, 2003, on Sherrors’s and Hall’s consolidated direct appeal, the California Court of Appeal determined…