Musladin

Musladin v. Lamarque

Bad Law
555 F.3d 830·2009 WL 331457·2009 U.S. App. LEXIS 2728
United States Court of Appeals for the Ninth CircuitFebruary 12, 200903-16653California7,868 words

Opinion

Opinion

Berzon, J.

Mathew Guy Musladin appeals the district court’s denial of his petition for a writ of habeas corpus. In a prior decision, we reversed the district court on the ground that buttons depicting the victim worn by spectators at Musladin’s trial impermissi-bly conveyed to jurors the message that Musladin was guilty, and we declined to address Musladin’s other claims. Musladin v. Lamarque, 427 F.3d 653 (9th Cir. 2005). Our decision was reversed by the Supreme Court. Carey v. Musladin, 549 U.S. 70 , 127 S.Ct. 649 , 166 L.Ed.2d 482 (2006). We consider the remaining issues in this appeal.

BACKGROUND

Our previous decision explained the factual background of Musladin’s case:

427 F.3d at 654-55 .

The California courts rejected Musla-din’s direct appeal and petition for post-conviction relief.

Musladin challenges the trial court’s failure to consult with defense counsel before responding to a jury note; his attorney’s failure to request a limiting instruction and to investigate a threatening statement by Studer; and the trial court’s exclusion of certain evidence. We recite the relevant facts with our discussion of each specific claim below.

STANDARD OF REVIEW

Under the Anti-Terrorism…

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