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No. 8626638
United States Court of Appeals for the Ninth Circuit
Westman v. Lehman
No. 8626638 · Decided December 7, 2006
No. 8626638·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 7, 2006
Citation
No. 8626638
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** The state court of appeals did not “appl[y] harmless-error review in an ‘objectively unreasonable’ manner.” Inthavong v. Lamarque, 420 F.3d 1055, 1058-59 (9th Cir.2005) (quoting Mitchell v. Esparza, 540 U.S. 12, 17, 18 , 124 S.Ct. 7 , 157 L.Ed.2d 263 (2003)). We must, therefore, defer to its determination that the jury instruction error plaintiff identifies was harmless. See 28 U.S.C. § 2254 (d). AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** The state court of appeals did not “appl[y] harmless-error review in an ‘objectively unreasonable’ manner.” Inthavong v.
Key Points
01MEMORANDUM *** The state court of appeals did not “appl[y] harmless-error review in an ‘objectively unreasonable’ manner.” Inthavong v.
02Lamarque, 420 F.3d 1055, 1058-59 (9th Cir.2005) (quoting Mitchell v.
03We must, therefore, defer to its determination that the jury instruction error plaintiff identifies was harmless.
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM *** The state court of appeals did not “appl[y] harmless-error review in an ‘objectively unreasonable’ manner.” Inthavong v.
FlawCheck shows no negative treatment for Westman v. Lehman in the current circuit citation data.
This case was decided on December 7, 2006.
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