STANDEN v. WHITLEY

No. 91-16422.

994 F.2d 1417 (1993)

Warren Robert STANDEN, Petitioner-Appellant, v. Harol WHITLEY, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1993.


Attorney(s) appearing for the Case

John C. Lambrose, Asst. Federal Public Defender, Las Vegas, NV, for petitioner-appellant.

Kevin G. Higgins, Asst. Atty. Gen., Carson City, NV, for respondents-appellees.

Before: GOODWIN, NOONAN and T.G. NELSON, Circuit Judges.


NOONAN, Circuit Judge:

Convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole, Warren Robert Standen seeks a writ of habeas corpus. At his trial his original plea of guilty, which he had lawfully withdrawn, was introduced by the prosecution, and the jury was instructed by the court that the plea could be considered as evidence against Standen. We hold that this instruction deprived Standen of due process of law...

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