Pulido v. Hedgpeth

Filing 920090320

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
MICHAEL ROBERT PULIDO, Petitioner-Appellee, v. CHRIS CHRONES, Respondent-Appellant.

No. 05-15916 D.C. No. CV-99-04933-CW

MICHAEL ROBERT PULIDO, Petitioner-Appellant, v. CHRIS CHRONES, Respondent-Appellee.

No. 05-16308 D.C. No. CV-99-04933-CW ORDER

ON REMAND FROM THE UNITED STATES SUPREME COURT Filed March 20, 2009 Before: Alfred T. Goodwin, Diarmuid F. O'Scannlain, and Sidney R. Thomas, Circuit Judges.

ORDER In light of Hedgpeth v. Pulido, 555 U.S. __ (2008), 129 S. Ct. 530, which vacated the judgment of this court, 487 F.3d 669, and remanded, we in turn remand this case to the district court for further proceedings in accordance with the Supreme Court's determination that the appropriate standard of review in a case under the Antiterrorism and Effective Death Penalty
3565

3566

PULIDO v. CHRONES

Act of 1996 is harmless error, rather than structural error, when a jury is instructed on alternative theories of guilt. REMANDED.

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