U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Bradway v. Cate, No. 08-55296

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


Opinion by Judge Canby


For Appellant:

Matthew Braner, Deputy Public Defender, San Diego, CA

For Appellees:

Barry J. Carlton, Deputy Attorney General, San Diego, CA