9th Cir.;
11-35114
The court of appeals reversed a district court’s denial of a federal habeas corpus petition and remanded the action with directions. The court held in an en banc opinion that a Washington trial court committed structural error, infringed a defendant’s Sixth and Fourteenth Amendment rights and unconstitutionally shifted the burden of proof when it precluded his counsel from making a reasonable doubt argument to the jury as a precondition to arguing the affirmative defense of duress.
