MEJIA v. GARCIA

No. 06-16460.

534 F.3d 1036 (2008)

Victorino Lemos MEJIA, Petitioner-Appellant, v. Silvia GARCIA; Darrel G. Adams; Jeanne S. Woodford, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2008.


Attorney(s) appearing for the Case

Suzanne A. Luban, Oakland, CA, for the petitioner-appellant.

Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Brian G. Smiley, Supervising Deputy Attorney General, and Justain P. Riley, Deputy Attorney General, Sacramento, CA, for the respondents-appellees.

Before: RONALD M. GOULD, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.


GOULD, Circuit Judge:

Victorino Lemos Mejia ("Mejia") appeals the district court's denial of his petition for a writ of habeas corpus with respect to California state convictions for two counts of kidnapping, two counts of assault with a firearm, and one count of assault with a deadly weapon. We address: 1) whether the jury instructions read at Mejia's trial violated Mejia's due process rights under In re Winship,

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