Jackson v. Herman, No. 10-15067 (9th Cir. 2011)
Annotate this CaseDefendant was convicted by a jury in an Arizona state court of first degree murder. Defendant subsequently petitioned for federal habeas relief pursuant to 28 U.S.C. 2254, raising, inter alia, the same ineffective assistance of counsel claims that he had brought in state court. The district court found that the felony murder instruction was not erroneous; that it did not deprive defendant of due process; and that, therefore, counsel was not ineffective in failing to object to it. The court held that, since the district court rejected defendant's claim that the trial court's felony murder instruction was erroneous, the district court never reached certain questions under Strickland v. Washington and Harrington v. Richter. The court further held that, since defendant framed the issue in his certificate of appealability as an instruction issue, not an ineffective assistance of counsel claim more broadly, neither party addressed these issues. Accordingly, the court remanded for further proceedings.
The court issued a subsequent related opinion or order on September 27, 2011.
The court issued a subsequent related opinion or order on September 27, 2011.
The court issued a subsequent related opinion or order on July 11, 2014.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.