Cain v. Chappell

The Ninth Circuit affirmed the district court's denial of habeas relief for petitioner in this death penalty case. The panel held that the California Supreme Court reasonably concluded that petitioner received adequate notice of the attempted rape special circumstance and petitioner's constitutional rights were not violated when the prosecutor presented the special circumstance to the jury. In this case, the amended information specifically alleged a special circumstance premised on Cal. Penal Code 190.2(a)(17), which encompassed attempted rape. Furthermore, defense counsel also acknowledged that petitioner received adequate notice of the special circumstance and that petitioner was not prejudiced by the prosecution's arguments premised on attempted rape. After expanding the certificate of appealability to include previously uncertified claims, the panel concluded that, upon further consideration, these claims lacked merit. View "Cain v. Chappell" on Justia Law