BYRD v. LEWIS

No. 06-15977.

510 F.3d 1045 (2007)

Timothy Lee BYRD, Petitioner-Appellant, v. Gail LEWIS, Warden, Pleasant Valley State Prison; Edmund G. Brown, Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2007.


Attorney(s) appearing for the Case

Krista Hart (briefed and argued), Sacramento, CA, for the petitioner-appellant.

Edmund G. Brown Jr. (briefed), Dane R. Gillette (briefed), Michael P. Farrell (briefed), Carlos A. Martinez (briefed), and Wanda Hill Rouzan (briefed and argued), Sacramento, CA, for the respondents-appellees.

Before: J. CLIFFORD WALLACE and JOHNNIE B. RAWLINSON, Circuit Judges, and JANE A. RESTANI, Judge.


Opinion by Judge RAWLINSON; Partial Concurrence and Partial Dissent by Judge WALLACE.

RAWLINSON, Circuit Judge:

Timothy Byrd (Byrd) appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction for unlawfully taking a vehicle under Cal. Vehicle Code § 10851(a). We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We conclude that the state court's application of harmless error review...

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