Larry Junior Webster v. Jeanne S. Woodford, Warden, at San Quentin California State Prison

Good Law

369 F.3d 1062·2004 WL 1152813·2004 U.S. App. LEXIS 10216

United States Court of Appeals for the Ninth CircuitMay 25, 200402-99009California5,563 words

Opinion

Thomas, J.

ORDER

The opinion in this case, which was filed March 5, 2004, 361 F.3d 522 , is amended as follows:

With the amendments, the petition for rehearing and rehearing en banc are denied.

OPINION

This appeal requires us to decide, inter alia, whether Larry Webster’s due process rights were denied by a judicial expansion of California’s definition of death-qualifying special circumstances in violation of Bouie v. City of Columbia, 378 U.S. 347 , 84 S.Ct. 1697 , 12 L.Ed.2d 894 (1964). We hold that they were not and reverse the judgment of the district court.

I

This is a capital case arising out of the murder of William Burke. In late August, 1981, Larry Junior Webster was camping near Sacramento with five associates. Several members of the group had robbed a convenience store the previous night, and the group was aware that the police were looking for them. Webster stated that the group needed to get out of town to avoid the police, and suggested luring one of two persons he had met at a nearby gas station to the campsite, killing him, and stealing his car. They planned for Webster and two others in the group — Carl Williams and Joseph Madrigal — to lure the victim back to the camp…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

Larry Junior WEBSTER-
Plaintiff
Jeanne S. WOODFORD, Warden, at San Quentin California State Prison-
Defendant

Judges

Clifton
Schroeder
Thomas

Cites (67)

361 F.3d 522
378 U.S. 347
54 Cal. 3d 411
503 U.S. 1009
521 U.S. 320
114 F.3d 1484
270 F.3d 915
237 U.S. 309
430 U.S. 188
97 S. Ct. 990
489 U.S. 288
281 F.3d 919
538 U.S. 202
160 F.3d 1254
67 F.3d 734
523 U.S. 614
1 L. Ed. 648
341 F.3d 1082
331 F.3d 1052
536 U.S. 584
530 U.S. 466
537 U.S. 101
203 F.3d 700
78 F.3d 1411
935 F.2d 1033
877 F.2d 1395
667 F.2d 1253
53 Cal. 3d 522
45 Cal. 3d 306
39 Cal. 3d 836
301 F.3d 1054
121 S. Ct. 1693
823 F.2d 299
137 Cal. App. 582
154 Mo. 268
168 Cal. App. 2d 314
28 Cal. 2d 699
45 Cal. App. 2d 128
18 Cal. 3d 873
48 Cal. 3d 527
59 Cal. 2d 622
58 Cal. 2d 304
53 Cal. 2d 160
42 Cal. 2d 200
28 Cal. 2d 207
201 Cal. 290
55 Cal. 207
41 Cal. 2d 470
41 Cal. 2d 483
31 Cal. 2d 92
129 Cal. App. 3d 1000
27 Cal. App. 3d 218
52 Cal. App. 3d 63
510 U.S. 383
536 U.S. 266
497 U.S. 37
510 U.S. 222
509 U.S. 389
408 U.S. 238
18 Cal. 3d 420
6 Cal. 3d 628
164 Cal. Rptr. 1
661 P.2d 235
222 Kan. 73
364 P.2d 723
52 Cal. 3d 577
146 Cal. App. 3d 306