Can a jury instruction on wiretapping be used in a federal habeas case?
MultiRegion, United States of America
The following excerpt is from Moreno v. Valenzuela, No. 2:15-cv-0704 TLN CKD P (E.D. Cal. 2017):
Moreno, 2014 WL 6809702, **3-4 (emphasis added). Given the state appellate court's conclusion that sufficient evidence supported petitioner's wiretapping convictions under Cal. Penal Code 631(a), petitioner cannot show he was prejudiced by the jury instruction on wiretapping. See Bradshaw v. Richey, 546 U.S. 74, 77 (2005) (state courts' interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal habeas court).
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