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McDowell v. Calderon, No. 96-99000 (9th Cir.) (130 F.3d 833) (November 24, 1997) (Judge Stephen S. Trott)

Case held that jury's confusion as to whether it could consider certain evidence as mitigating, in a capital sentencing proceeding, and judge's failure to adequately correct jury's misconception, resulted in an Eighth Amendment violation.

 

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