In a murder prosecution, denial of petitioner's habeas petition is affirmed where the California special circumstances statute that enhanced petitioner's first degree murder sentence to life without the possibility of parole (specifically, the lying in wait special circumstance) was not unconstitutionally vague under the Fourteenth Amendment.
Read Bradway v. Cate, No. 08-55296
Appellate Information
Argued and Submitted April 15, 2009
Filed December 3, 2009
Judges
Opinion by Judge Canby
Counsel
For Appellant:
Matthew Braner, Deputy Public Defender, San Diego, CA
For Appellees:
Barry J. Carlton, Deputy Attorney General, San Diego, CA