JACKSON v. GIURBINO

No. 02-57117.

364 F.3d 1002 (2004)

Frederick L. JACKSON, Petitioner-Appellant, v. George J. GIURBINO, Warden; California State Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2004.


Attorney(s) appearing for the Case

Laurack D. Bray, Ventura, CA, for the appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Scott A. Taryle, Deputy Attorney General, and Michelle J. Pirozzi, Deputy Attorney General, Los Angeles, CA, for the appellees.

Before BRIGHT, O'SCANNLAIN, and McKEOWN, Circuit Judges.


BRIGHT, Circuit Judge.

A jury convicted California state prisoner Frederick L. Jackson of rape and first-degree murder with special circumstances following his trial in state superior court. Because Jackson did not personally commit the homicide in this case, his conviction depended on application of California's felony-murder doctrine. Jackson appeals from the district court's denial of his petition for the writ of habeas corpus under 28 U.S.C. § 2254, seeking...

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