Opinion
No. 07-56079.
Argued and Submitted August 6, 2008.
Filed August 19, 2008.
Jonathan Libby, Deputy Federal Public Defender, Los Angeles, CA, for the petitioner-appellee.
Heather F. Crawford, Deputy Attorney General for the State of CA, San Diego, California, for the respondent-appellant.
Appeal from the United States District Court for the Central District of California; Dean D. Pregerson, District Judge, Presiding. D.C. No. CV-06-00289-DDP.
We AFFIRM the district court's decision, and adopt its opinion in Stoltie v. California, reported at 501 F.Supp.2d 1252 (C.D.Cal. 2007), except for Section III.C., as to which we express no view. As the state acknowledged at oral argument, even the state appellate court misunderstood the confused and confusing explanation of reasonable doubt provided to the jury by the trial judge. This error led it to apply in an unreasonable manner clearly established Supreme Court law regarding reasonable doubt. Sullivan v. Louisiana, 508 U.S. 275, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993); Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990), overruled on other grounds by Estelle v. McGuire, 502 U.S. 62, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991); In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970).
AFFIRMED.