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.
Argued and Submitted April 15, 2009
Filed December 3, 2009
Opinion by Judge Canby
Matthew Braner, Deputy Public Defender, San Diego, CA
Barry J. Carlton, Deputy Attorney General, San Diego, CA