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Another Unusual Habeas Decision from the Ninth Circuit

By Michael Romano

In a per curiam opinion, the court affirmed a grant of habeas to a California prisoner convicted of murder in 1992.  (Pulido v. Chrones, No. 05-15916 (Goodwin, O?Scannlain, Thomas))  The issue is the standard of harmless error review applied to a jury instruction error.  The California Supreme Court had affirmed the conviction, ruling that the error?which mistakenly allowed the jury to convict on two grounds, one of which was unconstitutional?was harmless beyond reasonable doubt under Chapman v. California.  On  federal habeas, the District Court held that such errors were ?structural? and not subject to harmless error review.  The Ninth Circuit panel agreed.  The unusual part of this case comes from separate concurrences by Judges O?Scannlain and Thomas...continue to full post

Full post as published by Criminal Appeal on May 31, 2007 (boomark / email).