McSHERRY v. BLOCK

No. 88-5822.

880 F.2d 1049 (1989)

Leonard James McSHERRY, Petitioner-Appellant, v. Sherman BLOCK, Sheriff, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1989.


Attorney(s) appearing for the Case

John H. Scott, Los Angeles, Cal., for petitioner-appellant.

John A. Vander Lans, Long Beach City Prosecutor, Robert R. Recknagel, Asst. City Prosecutor, Gerry L. Ensley, Long Beach, Cal., for respondents-appellees.

Before WALLACE, CANBY and TROTT, Circuit Judges.


TROTT, Circuit Judge:

In a habeas corpus petition, Leonard James McSherry challenges his conviction in state court for violations of California's loitering statute. He argues that because the statute is ambiguous and had not been clarified at the time of the conduct for which he was convicted, his conviction under that statute violated due process and must be set aside. McSherry also contends that the jury was improperly...

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