Dixon v. Williams, No. 10-17145 (4-30-14)
(per curiam with Noonan, Thomas, and Berzon).
The 9th reverses and remands denial of a habeas challenge. The 9th found that use of an erroneous self-defense
instruction was error and not harmless.
The state case involved the petition who was threatened by gang members
(one repeatedly with a box cutter), and during a fight, went and got a gun from
his nearby car and shot and killed the victim.
He argued that he had a reasonable fear.
In the instruction on self-defense, the court said that it was not a
defense if the defendant had an honest and reasonable" instead of
"unreasonable" fear. Oops.
This was error, but the state courts found it harmless. The 9th held such a conclusion was
unreasonable, because of the evidence presented, and the possible lesser
included offense (manslaughter) given.
Congrats to Randy Fiedler and Debra Bookout, AFPDs in the Nevada FPD (Las Vegas).
Congrats to Randy Fiedler and Debra Bookout, AFPDs in the Nevada FPD (Las Vegas).
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