Does a state court's failure to provide a proferred instruction on alcohol testing constitute a deprivation of due process?
MultiRegion, United States of America
The following excerpt is from Jones v. Grable, 849 F.2d 1476 (9th Cir. 1988):
Jones argues that the trial court violated his due process rights when it refused to give his proferred instruction on the state's failure to follow the proper procedures when it tested him for blood alcohol levels. The correctness of a state court decision on jury instructions provides the basis for federal habeas corpus relief only if the error amounts to a deprivation of due process. Quigg v. Crist, 616 F.2d 1107, 1111 (9th Cir.1980).
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