HUU THANH NGUYEN, Petitioner-Appellant,
v.
Silvia GARCIA, Warden; Edward S. Alameida, Jr., Director, Director of Corrections, California State Department of Corrections, Respondents-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 24, 2006.
Filed February 9, 2007.
Attorney(s) appearing for the Case
Allen Bloom, San Diego, CA, for the petitioner-appellant.
Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Kevin Vienna, Deputy Attorney General, Lise Jacobsen, Deputy Attorney General, Quisteen S. Shum, Deputy Attorney General, San Diego, CA, for the respondents-appellees.
Before EUGENE E. SILER, JR., TASHIMA, and BEA, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BEA, Circuit Judge.
In Wainwright v. Greenfield,474 U.S. 284, 295, 106 S.Ct. 634, 88 L.Ed.2d 623 (1986), the Supreme Court held that prosecution evidence the defendant maintained silence after his arrest, offered to show he wasn't all that crazy, and to rebut defendant's insanity defense in the guilt phase of trial, constituted a violation of due process. Here, we consider whether Wainwright, or other applicable...
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