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SCHULTZ v. TILTON

No. 09-55998.

659 F.3d 941 (2011)

Kenneth Harrell SCHULTZ, Petitioner-Appellant, v. James E. TILTON, Secretary of California Department of Corrections and Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2011.

Attorney(s) appearing for the Case

Jonathan P. Milberg , Appellate Associates, Pasadena, CA, for the petitioner-appellant.

Matthew Mulford , Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before: ALFRED T. GOODWIN and KIM McLANE WARDLAW, Circuit Judges, and WILLIAM K. SESSIONS III, District Judge.

OPINION

PER CURIAM:

Kenneth Harrell Schultz appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court certified a single issue for our review under § 2253(c)(3): whether the California trial court's use of California Jury Instruction, Criminal ("CALJIC") No. 2.50.01 (8th ed.2002) violated Schultz's constitutional right to due process by allowing the jury to find him guilty of...

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