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LARA v. RYAN

No. 05-16055.

455 F.3d 1080 (2006)

Anastacio LARA, Petitioner-Appellant, v. S. RYAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2006.

Attorney(s) appearing for the Case

Maitreya Badami, San Francisco, CA, for the petitioner-appellant.

Bill Lockyer, Robert R. Anderson, Gerald A. Engler, Peggy S. Ruffra, and David M. Baskind (argued), San Francisco, CA, for the respondent-appellee.

Before: B. FLETCHER, KOZINSKI, and FISHER, Circuit Judges.

B. FLETCHER, Circuit Judge:

Appellant Anastacio Lara ("Lara") was convicted by a jury of two counts of attempted murder and two counts of nonaggravated mayhem. The jury was instructed that it could convict him of attempted murder under either a proper theory of express malice or an improper implied-malice theory. Lara brought a petition for habeas corpus under 28 U.S.C. § 2254, alleging that the flawed jury instruction made it impossible to determine whether...

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