Schultz v. Tilton

OPINION

Kenneth Harrell Schultz appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court certified a single issue for our review under § 2253(c)(3): whether the California trial court’s use of California Jury Instruction, Criminal (“CALJIC”) No. 2.50.01 (8th ed.2002) violated Schultz’s constitutional right to due process by allowing the jury to find him guilty of charged offenses based only on facts found by a preponderance of the evidence.

We have jurisdiction under § 2253(a) and review the district court’s denial of the…