MUSLADIN v. LAMARQUE

No. 03-16653.

403 F.3d 1072 (2005)

Mathew MUSLADIN, Petitioner-Appellant, v. Anthony LAMARQUE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2005.


Attorney(s) appearing for the Case

Barry J. Portman, Federal Public Defender, and David W. Fermino, Assistant Federal Public Defender, San Francisco, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Glenn R. Pruden, Deputy Attorney General, and Gregory A. Ott, Deputy Attorney General, San Francisco, California, for the respondent-appellee.

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


Opinion by Judge REINHARDT; Dissent by Judge THOMPSON.

REINHARDT, Circuit Judge:

At a murder trial in which the central question is whether the defendant acted in self-defense, are a defendant's constitutional rights violated when spectators are permitted to wear buttons depicting the "victim"? We conclude that under clearly established Supreme Court law such a practice interferes with the right to a fair trial by an impartial jury free from outside influences...

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