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On Tuesday, December 2, the Supreme Court announced its decision in Hedgpeth v. Pulido, and on Wednesday, January 21, the Supreme Court announced its decision in Waddington v. Sarausad. In both cases, the Supreme Court considered Ninth Circuit rulings in federal habeas review cases involving jury instructions. In Hedgpeth the Supreme Court vacated the Ninth Circuit’s judgment which had held an alternative legal theory error to be structural and remanded the case for further proceedings. In Waddington the Ninth Circuit had granted a writ of habeas corpus to Cesar Sarausad after finding a “reasonable likelihood” that the jury who convicted him had unconstitutionally misapplied their instructions, but the Supreme Court reversed this decision and remanded for further proceedings. Baker Hostetler partner Lee Casey discusses the decisions. 




Oral Argument for Waddington v. Sarausad - October 15, 2008:



Decision for Waddington v. Sarausad  - January 21, 2009:






Oral Argument for Hedgpeth v. Pulido - October 15, 2008:



Decision for Hedgpeth v. Pulido - December 2, 2008:






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