Duarte v. Calderon

U.S. Court of Appeals for the Ninth Circuit January 13, 2005

Duarte v. Calderon, 120 F. App'x 106 (9th Cir. 2005)

Opinion of the Court

MEMORANDUM **

Warden Arthur Calderon appeals the district court’s order granting California state prisoner Anthony John Duarte’s 28 U.S.C. § 2254 petition for a writ of habeas corpus. In supplemental briefing regarding the effect of this court’s recent decision in Gibson v. Ortiz, 387 F.3d 812 (2004) (holding that jury instruction on evidence of other prior sexual offenses and accompanying instruction on preponderance of evidence standard violated defendant’s due process rights), both parties state that the district court’s judgment should be affirmed. We agree. The district court’s judgment is

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: Anthony John DUARTE, Petitioner—Appellee v. Arthur CALDERON, Warden, Respondent—Appellant
Status: Published