What is the burden of proving that an error in an instruction was so infected by the instruction so infected the entire trial that the resulting conviction violates due process?
MultiRegion, United States of America
The following excerpt is from Fabricant v. Henry, 35 F.3d 570 (9th Cir. 1994):
"[T]he petitioner in a habeas proceeding has the burden of demonstrating that an erroneous instruction 'so infected the entire trial that the resulting conviction violates due process.' " Prantil v. California, 843 F.2d 314, 317 (9th Cir.) (quoting Darnell v. Swinney, 823 F.2d 299, 301 (9th Cir.1987), cert. denied, 484 U.S. 1059 (1988)), cert. denied, 488 U.S. 861 (1988).
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