Jones v. Smith, No. 99-56405 (9th Cir.) (231 F.3d 1227) (November 7, 2000) (Judge Cynthia Holcomb Hall)
The central issue is this habeas case was whether, in 1995, the omission of a premeditation charge from a state information charging attempted murder combined with its subsequent inclusion in the jury instructions constituted a constructive amendment to, or a mere variance of, the information. On that issue, the Court ...
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