Cruz v. Maloney

SILER, Senior Circuit Judge.

Petitioner Gabriel Cruz, III appeals the district court’s denial of his petition for a writ of habeas corpus. Cruz argues the state trial court improperly instructed the jury and that defense counsel was ineffective for failing to object to the erroneous jury instruction. We AFFIRM.

I. BACKGROUND

In 1994, Cruz was part of a gang of four men who burglarized two apartments using a baseball bat and a firearm. Tragically, seven-year-old Eve Rojas died of asphyxiation after her mouth and nose were bound with duct tape. Cruz was subsequently convicted of first-degree…