Keith Williams v. C. Harrison

MEMORANDUM

1. Williams claims that he was deprived his constitutional right to due process when, despite giving oral instructions regarding the defense of duress, the district court failed to provide the jury with written jury instructions on the defense of duress while emphasizing the. importance of the written instructions. We disagree. “An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.” Henderson v. Kibbe, 431 U.S. 145, 155 , 97 S.Ct. 1730 , 52 L.Ed.2d 203 (1977). The court’s failure to provide a written instruction on the defense of duress did not “ ‘so infect[ ] the entire trial that the resulting conviction violate[d] due process.’ ” Estelle v. McGuire, 502 U.S. 62, 72 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (quoting Cupp v. Naughten, 414 U.S. 141, 147 , 94 S.Ct. 396 , 38 L.Ed.2d 368 (1973)).

2. Williams claims that his amended habeas claims should have been heard by the district court, because the motions to recall the remittitur that he filed in the California Court of Appeal and California Supreme Court had tolled the statute of limitations, pursuant to 28 U.S.C. § 2244 (d)(2). “An application to recall the…