Alex Huerta Suniga v. R.J. Bunnell

Alex Huerta Suniga appeals the district court’s denial of his petition for habeas corpus relief. He argues that his conviction violated due process standards because of instructional errors by the state trial court. We agree in part and reverse the district court’s denial of his petition.

BACKGROUND

Suniga killed Carlos Guantes after a day of partying and, it seems, brooding. On the day of the killing, Suniga, his wife Eleanor Suniga and Guantes attended a party at the beach. Alcohol was consumed there. At about 4:00 in the afternoon they all returned to the apartment complex in which they lived. Suniga and his neighbor, Jesse Caldera, soon left together on Suniga’s motorcycle in order to pick up Caldera’s motorcycle. On the way Suniga told Caldera that he suspected that someone — it turned out he meant Guantes — was “messing with” their wives. They picked up Caldera’s bike, stopped at a bar, drank some more beer, and then left for the apartment complex.

Suniga arrived at the apartment alone. His wife and several others, including Guantes, were drinking in the apartment of Caldera’s wife, Letitia Zuniga. Zuniga saw Suniga arrive and warned Eleanor that he looked angry. Eleanor…