Moss v. Smith
Opinion of the Court
MEMORANDUM
Ruben Antonio Moss was convicted of one count of first degree murder and one
We review the district court’s denial of a habeas petition de novo. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir. 2001). Under the AEDPA standard, Moss is only entitled to relief if he demonstrates that the state court’s adjudication on the merits “resulted in a decision that was contrary to, or involved an unreasonable application of clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d); see also Penny v. Johnson, 532 U.S. 782, 792-93, 121 S.Ct. 1910, 150 L.Ed.2d 9 (2001). Ninth Circuit precedent is persuasive authority in applying Supreme Court law and “determining whether a particular state court decision is an unreasonable application of Supreme Court law.” Lockhart v. Terhune, 250 F.3d 1223, 1229 (9th Cir. 2001) (internal quotations omitted).
The district court did not err in finding that the state trial court’s supplemental jury instructions were correct and that to the extent they may have been in error, such error was not objectively unreasonable under AEDPA. Trial court judges have substantial discretion with respect to supplemental jury instructions. Under federal law, supplemental jury instructions and responses to jury inquiries do not rise to the level of a constitutional violation unless those erroneous instructions “so infect[] the entire trial that the resulting conviction violates due process.” Estelle v. McGuire, 502 U.S. 62, 72, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991); Beardslee v. Woodford, 358 F.3d 560, 573-74 (9th Cir. 2004). Although a trial judge is obligated to clear up any confusion the jury may have, the judge has broad discretion in determining how to do so. Arizona v. Johnson, 351 F.3d 988, 994 (9th Cir. 2003). The judge must be cautious in balancing his interest in providing a clear response with his responsibility to avoid influencing the jury. Id.
Taken as a whole, the judge’s responses in this case were constitutionally adequate. In Leavitt v. Vasquez, we held that “due process- — -independent of state law — does not require that an aiding and abetting charge contain a distinct instruction regarding specific intent.” 875 F.2d 260, 261 (9th Cir. 1989) (quoting Willard v. California, 812 F.2d 461, 463 (9th Cir. 1987)). Here, however, the initial instructions did include a specific intent instruction and the judge specifically referred the jury back to that instruction later in the proceedings. By referring the jury back to this instruction, the judge satisfied the constitutional requirement; his instructions were neither inaccurate nor misleading. We agree with the district court that even if there had been any error in the instructions, it was neither contrary to nor an unreasonable application of federal law under the stringent requirements of AED-PA.
Although Moss does not challenge his conspiracy charge, he argues that the
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Ruben Antonio MOSS, Petitioner—Appellant v. M.L. SMITH, Warden, Respondent—Appellee
- Status
- Published