Sally Marie McNeil v. Raymond L. Middleton Bill Lockyer

Sally Marie McNeil (“McNeil”) appeals the district court’s denial of her federal habeas petition, challenging the constitutional validity of her state court conviction for second degree murder. We have jurisdiction under 28 U.S.C. § 2254 , and we reverse the district court’s judgment and remand with directions to grant the petition.

In 1996, a California jury convicted McNeil for the second degree murder of her husband, Ray McNeil (“Ray”). At trial, McNeil admitted that she shot and killed Ray, but testified that she acted in self-defense because at the time of the killing she feared that her life was in imminent danger. McNeil also testified that Ray physically and sexually abused her throughout their marriage. In support of her defense, McNeil presented an expert witness who testified that McNeil suffered from the effects of Battered Women’s Syndrome (“BWS”). This evidence was presented to show that McNeil’s perception of imminent danger at the time of the killing was reasonable, genuine, and actual.

At the conclusion of the trial, the court instructed the jury on first degree murder, second degree murder, voluntary manslaughter, and self-defense. As part of these…