What is the test for a motion for federal habeas relief in a case of instructional error?
MultiRegion, United States of America
The following excerpt is from Murtishaw v. Woodford, 255 F.3d 926 (9th Cir. 2001):
Instructional error will not support a petition for federal habeas relief unless it is shown "not merely that the instruction is undesirable, erroneous, or even `universally condemned,' " Cupp v. Naughten, 414 U.S. 141, 146 (1973), but that "the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process." Id. at 147.
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