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GIBSON v. ORTIZ

No. 03-56518.

387 F.3d 812 (2004)

James Naff GIBSON, Petitioner-Appellee, v. George ORTIZ, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2004.

Attorney(s) appearing for the Case

Ralph H. Goldsen, Goleta, CA, for the petitioner-appellee.

Bill Lockyer, Attorney General of the State of California; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Kenneth C. Byrne, Supervising Deputy Attorney General; and Michael C. Keller, Deputy Attorney General, Los Angeles, CA, for the respondent-appellant.

Before: KLEINFELD, WARDLAW, and BERZON, Circuit Judges.

WARDLAW, Circuit Judge:

Warden George Ortiz appeals the district court's grant of the writ of habeas corpus to petitioner James Naff Gibson. The district court found that the use of California Jury Instruction, Criminal ("CALJIC") No. 2.50.01, which pertains to evidence of prior sexual offenses, allowed the jury to find Gibson guilty of the charged offenses by relying on facts found only by a preponderance of the evidence. This lessened burden of proof violated Gibson...

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