(Download) "Iolab Corp. v. Seaboard Surety Co." by United States Court of Appeals for the Ninth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Iolab Corp. v. Seaboard Surety Co.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 28, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Bernard Hamilton, a California state prisoner sentenced to death, appeals the district courts denial of his 28 U.S.C. § 2254 habeas petition. The case arises from Hamiltons conviction in San Diego County Superior Court for first degree murder, burglary, robbery and kidnapping in violation of Cal. Penal Code §Â§ 187, 459, 211, 207, and his sentence to death. He also appeals from the denial of his Rule 60(b) motion asking the district court to consider, as part of his original petition for habeas relief, claims that he had failed to exhaust during the pendency of the habeas petition. We affirm the district courts denial of the Rule 60(b) motion and the denial of relief on the merits on those claims going to the validity of the underlying convictions. We hold that Hamilton is entitled to relief only with respect to the penalty phase of the state court proceedings, because on the basis of the confusing instruction given, the jury could not have made a reasoned and informed choice between a death sentence and a life sentence without possibility of parole.
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