Doe v. Busby
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
M. SMITH, Circuit Judge:
Respondent Timothy E. Busby, the warden of Ironwood State Prison in California (collectively with the state prosecution, the State), appeals the district court’s order granting Petitioner John Doe a conditional writ of habeas corpus. The district court granted the writ on the ground that the California state jury which convicted Doe was improperly charged that it could find him guilty of murder and domestic violence so long as it found by a preponderance of the evidence that he had perpetrated prior unadjudicated acts of domestic violence. Following an…
2Cases cited52 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Neder v. United StatesSupreme Court of the United States · 1999
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