Marvin Smith v. Raul Lopez
Opinion
Opinion
Thomas, J.
In this appeal, we consider whether a habeas petitioner’s constitutional right to notice of the nature of the accusations against him was violated. We agree with the district court that it was, and we affirm the judgment granting federal habeas relief.
I
A
On the evening of December 15, 2005, police officers went to the home of Marvin and Minnie Smith in response to Marvin Smith’s 911 call reporting a burglary in progress. In the upstairs bedroom, the police found Minnie Smith’s body on the floor. She had been killed by a crushing blow to her head from a fireplace log roller, and her body had other injuries that may have been inflicted before her death. Her hands were bound by a wire clothes hanger, and her feet had been bound by a strip of duct tape that was found near the body. Parts of the house appeared to have been ransacked, and valuable jewelry was missing from the bedroom.
Several weeks later, Smith was arrested for the murder of his wife. A felony complaint charged Smith with “unlawfully and with malice aforethought killing] MINNIE SMITH” in violation of California Penal Code § 187(a).