Moss
Moss v. Smith
Opinion
Lead Opinion
MEMORANDUM *
Ruben Antonio Moss was convicted of one count of first degree murder and one *114 count of conspiracy to commit murder. Additionally, a jury found true the special circumstance that the victim, Detective Thomas C. Williams, was a police officer killed in retaliation for the performance of his duties. The district court denied Moss’s habeas petition challenging this conviction. Moss contends that the supplemental instructions and responses to jury questions given by the trial court during deliberations were misleading and amounted to a deprivation of his constitutional right to a jury trial. Specifically, he argues that the trial court should have given an instruction regarding specific intent with respect to the aiding and abetting charge, and that the trial court should have instructed the jurors that they could find the existence of multiple conspiracies. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
We review the district court’s denial of a habeas petition de novo. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). Under the AEDPA standard, Moss is only entitled to relief if he demonstrates that the state court’s adjudication on the merits…