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PULIDO v. CHRONES

No. 05-15916.

629 F.3d 1007 (2010)

Michael Robert PULIDO, Petitioner-Appellee, v. Chris CHRONES; A. Hedgpeth, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

December 21, 2010.

Attorney(s) appearing for the Case

J. Bradley O'Connell filed the post-Supreme Court remand brief for the petitioner-appellee.

Jeremy Friedlander , Deputy Attorney General, San Francisco, CA, filed the post-Supreme Court remand brief for the respondent-appellant. With him on the brief were Edmund G. Brown, Jr. , Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Gerald A. Engler , Senior Assistant Attorney General; and Peggy S. Ruffra , Supervising Deputy Attorney General, San Francisco, CA.

Opinion by Judge O'SCANNLAIN; Dissent by Judge THOMAS.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether erroneous jury instructions in a state murder trial were prejudicial as a matter of federal Constitutional law.

I

A

During the predawn hours of May 24, 1992, Ramon Flores, an attendant at a Shell gas station convenience store in San Mateo, California, was shot in the face with a .45-caliber bullet.1 He died almost instantaneously. There were...

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