Jesse Burleson v. Director, California Department

FILED

DEC 04 2012

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JESSE CLYDE BURLESON, No. 09-17569

Petitioner - Appellant, D.C. No. 4:08-cv-01853-SBA Northern District of California, v. Oakland

DIRECTOR OF THE CALIFORNIA ORDER AMENDING

DEPARTMENT OF CORRECTIONS MEMORANDUM AND

AND REHABILITATION, DENYING PETITION FOR

REHEARING

Respondent - Appellee.

Before: TASHIMA, CLIFTON, and MURGUIA, Circuit Judges.

The memorandum disposition filed on August 3, 2012, is amended as

follows:

Replace the paragraph at the bottom of page 2 and at the top of page 3, with

the following:

First, the alternate trial strategy posited by Burleson, a theory of imperfect self-defense, would have required the jury to conclude that he actually believed he was in imminent mortal peril. In re Christian S., 872 P.2d 574, 583 (Cal. 1994). But the evidence demonstrated that he went a block and a half away from the reported location of men he believed were coming to kill him, got a…