Court of Appeals for the Ninth Circuit April 15, 2002, No. 01-55721; D.C. No. CV-98-03770-JSL (Greene v. Kuykendall)

MEMORANDUM **

OVERVIEW

The State appeals the district court’s grant of a writ of habeas corpus to Janet *526Ruth Greene (“Greene”). The State argues that because the evidence in this case overwhelmingly supports the jury’s finding of malice, the conceded jury misconduct did not have a substantial or injurious effect or influence.