FROST v. VAN BOENING

No. 11-35114.

692 F.3d 924 (2012)

Joshua James FROST, Petitioner-Appellant, v. Ron VAN BOENING, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2012.


Attorney(s) appearing for the Case

Erik Levin , Assistant Federal Public Defender, Office of the Federal Public Defender, Seattle, WA, for petitioner-appellant Joshua Frost.

Robert McKenna , Attorney General, and John J. Samon , Assistant Attorney General, Olympia, WA, for respondent-appellee Ron Van Boening.

Opinion by Judge TALLMAN; Dissent by Judge McKEOWN.


OPINION

TALLMAN, Circuit Judge:

We evaluate on federal habeas review the Washington Supreme Court's decision to apply harmless error review over structural error analysis where the trial court prohibited defense counsel from arguing during closing argument both that the State failed to meet its burden of proof establishing accomplice liability and that a criminal defendant acted under duress. We have jurisdiction under 28 U.S.C. § 1291, and we affirm...

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