Salvador Castro Vasquez v. Eddie Myers, Warden

Good Law
8 F.3d 33·1993 WL 394848·1993 U.S. App. LEXIS 34077
United States Court of Appeals for the Ninth CircuitOctober 5, 199392-16564California1,154 words

Opinion

Opinion

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Salvador Castro VASQUEZ, Petitioner-Appellant, v. Eddie MYERS, Warden, Respondent-Appellee. No. 92-16564. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1993. * Decided Oct. 5, 1993. Before: POOLE, BOOCHEVER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Salvador Castro Vasquez, a California state prisoner, appeals the district court's denial of his petition for habeas relief under 28 U.S.C. § 2254 . Vasquez challenged his jury conviction for second degree murder. He argued that his constitutional rights were violated because the trial court failed to instruct the jury properly and because the prosecutor exercised her peremptory challenges to keep Hispanic women off the jury. We have jurisdiction under 28 U.S.C. § 2253 and affirm. A. Failure to Instruct Jury Properly 3 Normally, a claim that challenges the propriety of a jury instruction under state law cannot reasonably be construed…

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