The court of appeals affirmed a district court order granting a conditional writ of habeas corpus. The court held that a California trial court committed structural error by issuing deficient form jury instructions that would allow the jury to find a defendant guilty of murder and domestic violence so long as it found by a preponderance of the evidence that he had perpetrated prior unadjudicated acts of domestic violence. The court held further that when a court’s erroneous jury instruction impermissibly lowers the burden of proof, that error requires structural error review rather than review for harmless error. Finally, the court held that egregious misconduct by the defendant’s attorney warranted equitable tolling of the defendant’s deadline to file his petition for a writ of habeas corpus.
John Doe was charged in 1997 with murdering his wife, Jane Roe. He also was charged with perpetrating acts of domestic violence and making threats against Roe.
