Conde v. Henry

B. FLETCHER, Circuit Judge:

Kirk Anthony Conde appeals the denial of his petition for a writ of habeas corpus. He seeks a writ on the grounds that his California state court conviction for kidnapping for the purposes of robbery was the result of a constitutionally deficient trial. The trial court (1) precluded the defendant from arguing that the elements of a robbery had not been met; (2) denied the defendant’s motion to instruct the jury on the defense theory of the case; and (3) modified California’s model jury instructions in a manner that reduced the prosecution’s burden of proof. This…