Thomas Martinez v. Robert Borg, Warden Attorney General of the State of California

Appellant was convicted by a state court jury of aiding and abetting the second degree murder of a peace officer and of aiding and abetting the attempted murder of another peace officer. In his habeas corpus petition filed in federal district court appellant asserts two constitutional errors in his trial. First, he contends that the jury instruction given for aiding and abetting failed to state all the elements of the offense. As a result, appellant argues, the jury did not have the opportunity to find each element of the crime beyond a reasonable doubt as required by In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970). Second, appellant contends that the state court erred in failing to grant full faith and credit to a Colorado Department of Motor Vehicles document which stated that appellant and the main prosecution witness were common law spouses. As a result, he argues, the state trial court mistakenly admitted the witness’s testimony over appellant’s assertion of marital privilege.

I

It is undisputed that the jury instruction on aiding and abetting was deficient under People v. Beeman, 35 Cal.3d 547, 550-51 , 199 Cal.Rptr. 60, 61 , 674 P.2d 1318, 1319 (1984),…