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STANTON v. BENZLER

No. 97-16830.

146 F.3d 726 (1998)

Carol STANTON, Petitioner-Appellant, v. Janice BENZLER, Acting Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1998.

Attorney(s) appearing for the Case

Sandra Gillies, Woodland, CA, for petitioner-appellant.

Shirley A. Nelson, Deputy Attorney General, Sacramento, CA, for respondent-appellee.

Before: HALL and THOMAS, Circuit Judges, and WHALEY, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Petitioner Carol Stanton was convicted by a jury of first degree murder for poisoning her ex-husband. Her ex-husband's body was found with traces of arsenic trioxide in it.

The trial court instructed the jury, pursuant to CALJIC No. 8.81.19, that:

To find that the special circumstance, referred to in these instructions as murder by administration of poison, is true, each of the following facts must be proved:<...

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