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HARMON v. MARSHALL

No. 94-55733.

69 F.3d 963 (1995)

Cedric Roshawn HARMON, Petitioner-Appellee, v. Charles D. MARSHALL, Warden of Pelican Bay State Prison; Daniel E. Lungren, Attorney General of the State of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1995.

Amended Opinion October 24, 1995.

Attorney(s) appearing for the Case

Janet E. Burns, Deputy Attorney General, Los Angeles, California, for respondent-appellant.

Andrew E. Rubin, Washington, D.C., for petitioner-appellee.

Before BROWNING, D.W. NELSON and HAWKINS, Circuit Judges.

PER CURIAM:

We are called upon to determine whether the complete failure to instruct a jury in a criminal case with respect to a particular offense requires automatic reversal of a conviction on collateral review. At the outset, we emphasize that this case does not involve the failure to instruct on a single element of an offense, but the failure to instruct on any element of a particular offense. As did the district...

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