Karl Eric Gratzer v. Mike Mahoney, Warden
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FARRIS, Circuit Judge.
Karl Eric Gratzer appeals the district court’s denial of his petition for habeas corpus, claiming that a jury instruction in his 1982 trial in Montana for deliberate homicide violated his constitutional right to due process. We affirm.
BACKGROUND
The facts underlying Gratzer’s conviction for deliberate homicide are recounted at State v. Gratzer, 209 Mont. 308, 682 P.2d 141 (1984); a summary suffices for our purposes. In December of 1981, the relationship between Gratzer and his then-girlfriend was deteriorating and Gratzer began to suspect that his girlfriend was…
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