Legal Opinion

Joshua Frost v. Ron Van Boening

Court of Appeals for the Ninth Circuit

Decided August 22, 2012No. 11-35114PublishedCited by 6 opinions

1Opinion of the Court

Opinion by Judge TALLMAN; Dissent by Judge McKEOWN.

OPINION

TALLMAN, Circuit Judge:

We evaluate on federal habeas review the Washington Supreme Court’s decision to apply harmless error review over structural error analysis where the trial court prohibited defense counsel from arguing during closing argument both that the State failed to meet its burden of proof establishing accomplice liability and that a criminal defendant acted under duress. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

On December 17, 2003, Washington state prisoner Joshua Frost (“Frost”) was found guilty…

2Cases cited37 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Cullen v. PinholsterSupreme Court of the United States · 2011
  5. Arizona v. FulminanteSupreme Court of the United States · 1991

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3Cited by6 opinions

  1. Glebe v. FrostSupreme Court of the United States · 2014
  2. Joshua Frost v. Ron Van BoeningCourt of Appeals for the Ninth Circuit · 2014
  3. Joshua Frost v. Ron Van BoeningCourt of Appeals for the Ninth Circuit · 2014
  4. Marvin Walker v. Michael MartelCourt of Appeals for the Ninth Circuit · 2013
  5. Joshua Frost v. Ron Van BoeningCourt of Appeals for the Ninth Circuit · 2016

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