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

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