Defective lesser-included offense jury instruction in capital case is not harmless error; writ is warranted
HABEAS Taylor v. Workman, No. 07-7030, ___ F.3d ___ (10th Cir. Jan. 30, 2009). Appeal of district court’s denial of Oklahoma prisoner’s habeas petition. HELD: District court wrongly denied writ. Oklahoma Court of Criminal Appeals finding of harmless error in erroneous jury instruction on lesser-included offense of second-degree murder was contrary to clearly established federal law as determined by United States Supreme Court. Read the opinion here. |
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