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· 9/7/2005

Menendez v. Terhune

Citations

  • 422 F.3d 1012

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a state court’s determination under state law of the appropriateness of an instruction “cannot form the basis for federal habeas relief”
  • agreeing with state court’s finding that evidence did not support imperfect 27 self-defense instruction under California law and concluding that “[c]onsequently, the state court’s decision was not error, let alone a violation of due process”
  • due process cannot be violated if 11 || the omitted instruction is not supported by the trial evidence
  • \Any error in [a] state court's determination of whether state law allowed for an instruction ... cannot form the basis for federal habeas relief.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Kozinski, Trott, Clifton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.