Menendez v. Terhune

OPINION

TROTT, Circuit Judge.

INTRODUCTION

In this consolidated appeal, Lyle and Erik Menendez 1 appeal the district court’s denial of their petitions for habeas corpus. Pursuant to 28 U.S.C. § 2253(c), we granted a certificate of appealability on five issues: (1) whether the admission of a tape-recorded session between Petitioners and their therapist violated Petitioners’ constitutional due process rights as elaborated in Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985); (2) whether the trial court’s decision not to instruct the jury on imperfect self-defense violated…