Jerry Frye v. Ron Broomfield

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JERRY GRANT FRYE, No. 22-99008

Petitioner-Appellee, D.C. No. 2:99-cv-00628- v. KJM-CKD

RONALD BROOMFIELD, Warden, San Quentin State Prison, OPINION

Respondent-Appellant.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted April 11, 2024 Pasadena, California

Filed September 10, 2024

Before: Mary H. Murguia, Chief Judge, and Kim McLane Wardlaw and Salvador Mendoza, Jr., Circuit Judges.

Opinion by Chief Judge Murguia; Concurrence by Judge Mendoza SUMMARY*

Habeas Corpus

In a case in which a California jury sentenced Frye to death for two first-degree murders, the panel reversed the district court’s order granting a writ of habeas corpus on Jerry Grant Frye’s claim that his due process rights were violated when jurors saw him shackled during trial, and remanded for further proceedings on Frye’s remaining claims. The district court determined that the state court’s denial of the…