Conde

Kirk Anthony Conde appeals the denial of his petition for a writ of habeas corpus. He seeks a writ on the grounds that his California state court conviction for kidnapping for the purposes of robbery was the result of a constitutionally deficient trial. The trial court (1) precluded the defendant from arguing that the elements of a robbery had not been met; (2) denied the defendant’s motion to instruct the jury on the defense theory of the case; and (3) modified California’s model jury instructions in a manner that reduced the prosecution’s burden of proof. This court has jurisdiction pursuant to 28 U.S.C. § 2253 . We reverse the district court and conditionally grant the writ of habeas corpus.

FACTUAL BACKGROUND and PROCEDURAL HISTORY

The victim in this case, Margaret Schuss, was an assistant manager at a Sizzler restaurant. The petitioner, Conde, had previously worked at the restaurant. On June 13, 1988, after Schuss closed the Sizzler for the night, Conde and an accomplice followed her into the parking garage at her home. They accosted her in the garage, forced her back into her own car, and drove her away. After stopping at an unknown location to bind and blindfold Schuss,…