The following excerpt is from Coates v. Grounds, No. CIV S-09-3499 GGH P (E.D. Cal. 2011):
respondent notes, there is no concern that the jury used a preponderance of evidence standard, as the prior conduct was found guilty beyond a reasonable doubt. Mendez v. Knowles, 556 F.3d 757, 768-70 (9th Cir. 2009).
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