HALL v. HAWS

No. 14-56159.

861 F.3d 977 (2017)

Willard James HALL, Petitioner-Appellee, v. F.W. HAWS, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2017.


Attorney(s) appearing for the Case

Matthew Mulford , Deputy Attorney General; Kevin Vienna , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellant.

Holly A. Sullivan and Robert H. Rexrode , San Diego, California, for Petitioner-Appellee.

Dissent by Judge Callahan.


OPINION

This is a rare and extraordinary case. On July 7, 2001, Ronnie Sherrors and Petitioner Willard Hall as co-defendants were convicted of first degree murder in state court. The trial court's jury instructions included California Jury Instruction Criminal ("CALJIC") 2.15, which allowed the jury to infer guilt...

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