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THOMPSON v. BORG

No. 94-15846.

74 F.3d 1571 (1996)

Paul Michael THOMPSON, Petitioner-Appellant, v. Robert BORG, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1996.

Attorney(s) appearing for the Case

Connie M. Alvarez, Assistant Federal Public Defender, Sacramento, California, for petitioner-appellant.

Gregory W. Baugher, Senior Assistant Attorney General (on the briefs), and Arnold Overrowe, Deputy Attorney General (argued), Sacramento, California, for respondents-appellees.

Before: REINHARDT, THOMPSON, and KLEINFELD, Circuit Judges.

Opinion by Judge KLEINFELD.

KLEINFELD, Circuit Judge:

This is a state habeas corpus case. We apply the newly established standard for prejudice in state habeas constitutional error cases, and determine that on the facts of this case, there was no prejudice requiring that the writ be issued.

I. Facts.

Two groups confronted each other behind a fried chicken restaurant. Thompson stabbed three men from the other group, killing one of them. He...

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