What is the test for habeas and what is the burden of proving that the jury's instructions were defective or unenforceable?

MultiRegion, United States of America

The following excerpt is from Ashworth v. Myers, 45 F.3d 435 (9th Cir. 1994):

"When a habeas petitioner asserts a due process violation on the basis of jury instructions, our review is limited to determining whether an allegedly defective instruction so infected the entire trial that the resulting conviction violates due process." Masoner v. Thurman, 996 F.2d 1003, 1006 (9th Cir.), cert. denied, 114 S.Ct. 643 (1993). The petitioner bears the burden of demonstrating that there was a reasonable likelihood that the jury applied the challenged instruction in an unconstitutional manner. Id.

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