Crawford

Crawford v. Butler

Good Law
289 F. App'x 173
United States Court of Appeals for the Ninth CircuitAugust 6, 2008No. 07-16292California298 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Brian Keith Crawford appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition, challenging his jury-trial conviction for first degree burglary and receiving stolen property. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Crawford contends that California Jury Instruction, Criminal No. 2.15 lessened the burden of proof by allowing the jury to infer that he was guilty of burglary based upon the possession of recently stolen property and other corroborating evidence. Reading this instruction together with the other instructions given to the jury, we agree with the district court’s conclusion that the challenged instruction did not lessen the burden of proof and did not render the trial fundamentally unfair. See Estelle v. McGuire, 502 U.S. 62, 72-73 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991).

Crawford also contends that his right to effective assistance of counsel was violated when the trial court denied his motions for substitution of counsel. We reject this contention because any communication breakdown appears to have been the result of Crawford’s contumacy and/or tactical…

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