POLK v. SANDOVAL

No. 06-15735.

503 F.3d 903 (2007)

Levenral D. POLK, Petitioner-Appellant, v. Brian SANDOVAL; State of Nevada, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2007.


Attorney(s) appearing for the Case

Lori C. Teicher, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.

George J. Chanos, Attorney General, Robert E. Weiland (argued), Senior Deputy Attorney General, Criminal Justice Division, Reno, NV, for the respondents-appellees.

Before: B. FLETCHER, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.


BETTY B. FLETCHER, Circuit Judge:

Levenral Demarlo Polk, a Nevada state prisoner, appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction for first-degree murder with a deadly weapon and discharge of a firearm from a motor vehicle. We have jurisdiction pursuant to 28 U.S.C. § 2253. We hold that Polk's federal constitutional right to due process was violated because the instructions given at his trial...

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