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Valencia v. Runnels

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2013
512 F. App'x 712 (9th Cir. 2013)

Opinion

No. 09-16015 D.C. No. 4:05-cv-04423-PJH

03-20-2013

CIRIACO VALENCIA, Petitioner - Appellant, v. D.L. RUNNELS, Warden, Respondent - Appellee.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.


Appeal from the United States District Court

for the Northern District of California

Phyllis J. Hamilton, District Judge, Presiding


Argued and Submitted January 14, 2013

San Francisco, California

Before: TASHIMA, GRABER, and FISHER, Circuit Judges.

Petitioner Ciriaco Valencia appeals the district court's denial of habeas corpus. Reviewing de novo, Jones v. Ryan, 691 F.3d 1093, 1100 (9th Cir. 2012), we affirm.

Even assuming that the jury instruction was erroneous, any error was harmless under Brecht v. Abrahamson, 507 U.S. 619, 623 (1993). See Hedgpeth v. Pulido, 555 U.S. 57, 62 (2008) (per curiam) (holding that the Brecht standard applies to instructional error). We are convinced that the error, if any, did not have a "substantial and injurious effect or influence in determining the jury's verdict." Brecht, 507 U.S. at 623 (internal quotation marks omitted). Uncontradicted evidence demonstrated that extensive bruising on the victim's thighs occurred pre-mortem. Accordingly, the jury almost certainly found that direct acts related to the sexual assaults occurred pre-mortem. Moreover, there is no likelihood that the error was prejudicial, because the error permitted an impermissible conviction only under a sequence of events—formation of intent to sexually assault occurring both after the physical assaults and before the death of the victim—that was not supported by the evidence.

Finally, the jury was instructed that it could find the rape and sodomy special circumstances true only if it found that the murder was committed "while the defendant was engaged in the commission or attempted commission" of a rape or sodomy. (Emphasis added.) Because the jury found these special circumstances true, it had to have found that direct acts related to the sexual assaults—the physical assault that resulted in her death—occurred pre-mortem.

AFFIRMED.


Summaries of

Valencia v. Runnels

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2013
512 F. App'x 712 (9th Cir. 2013)
Case details for

Valencia v. Runnels

Case Details

Full title:CIRIACO VALENCIA, Petitioner - Appellant, v. D.L. RUNNELS, Warden…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 20, 2013

Citations

512 F. App'x 712 (9th Cir. 2013)