WILLIAMS v. SWARTHOUT

No. 11-57255.

771 F.3d 501 (2014)

Bryant Keith WILLIAMS, Petitioner-Appellant, v. Gary SWARTHOUT, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2014.


Attorney(s) appearing for the Case

William J. Capriola (argued), Sebastopol, CA, and John P. Ward , San Francisco, CA, for Petitioner-Appellant.

Yun K. Lee , Deputy Attorney General, Los Angeles, CA, for Respondent-Appellee.

Opinion by Judge Noonan; .Dissent by Judge Murguia


OPINION

NOONAN, Circuit Judge:

Petitioner Bryant Keith Williams seeks federal habeas relief on the basis that the state trial court's misstatement that Williams had pled guilty — a misstatement made immediately before trial commenced and not corrected until the jury began deliberating — violated his due process rights by depriving him of the presumption of innocence, and violated his Sixth Amendment right to an impartial jury. We agree and...

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