Morris

Morris v. Cambra

Good Law
5 F. App'x 592
United States Court of Appeals for the Ninth CircuitFebruary 22, 2001No. 99-56296. D.C. No. CV-97-00765-RCalifornia688 words

Opinion

Lead Opinion

MEMORANDUM

California state prisoner Jack Lloyd Morris appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a), and we affirm.

Pursuant to this court’s April 25, 2000, certificate of appealability, Morris raises three contentions. We review de novo the district court’s denial of a § 2254 petition, Duhaime v. Ducharme, 200 F.3d 597, 600 (9th Cir.2000), and where, as here, the district court is presented with a state court decision “unaccompanied by any ratio decidendi,” we independently review whether the state court clearly erred, Delgado v. Lewis, 223 F.3d 976, 982 (9th Cir.2000); Van Tran v. Lindsey, 212 F.3d 1143, 1153-55 (9th Cir.), cert. denied, 531 U.S. 944 , 121 S.Ct. 340 , 148 L.Ed.2d 274 (2000).

First, Morris contends that the trial court’s jury instruction on aiding and abetting culpability improperly omitted the requirement that he must share the specific intent of the principal perpetrator, People v. Beeman, 35 Cal.3d 547 , 199 Cal. Rptr. 60 , 674 P.2d 1318 (1984), and thus deprived him of a fair trial. We conclude, however, that any error was harmless because Morris…

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