OPINION OF THE COURT
WADDINGTON V. SARAUSAD
555 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-772
DOUG WADDINGTON, SUPERINTENDENT, WASHINGTON
CORRECTIONS CENTER, PETITIONER
v. CESAR SARAUSAD
on writ of certiorari to the united states court of
appeals for the ninth circuit
[January 21, 2009]
Justice Thomas delivered the
opinion of the Court.
This case arose from a fatal
driveby shooting into a group of students standing in front of a
Seattle high school. Brian Ronquillo was ultimately identified as
the gunman; at the time of the shooting, he was a passenger in a
car driven by respondent Cesar Sarausad II. A jury convicted
Sarausad as an accomplice to second-degree murder, attempted
murder, and assault; he was sentenced to just over 27 years of
imprisonment. The Washington courts affirmed his conviction and
sentence on direct review, and his state-court motions for
postconviction relief were denied.
Respondent, then, filed a federal petition for
a writ of habeas corpus. The District Court granted the writ. On
appeal, the Court of Appeals for the Ninth Circuit agreed with the
District Court that the state-court decision was an objectively
“unreasonable application of … clearly established Federal law, as
determined by the Supreme Court of the United States.” 28 U.
S. C. §2254(d)(1). The Court of Appeals found it unreasonable
for the state court to reject Sarausad’s argument that certain jury
instructions used at his trial were ambiguous and were likely
misinterpreted by the jury to relieve the State of its burden of
proving every element of the crime beyond a reasonable doubt.
Sarausad v.
Porter, 479 F. 3d 671 (2007). We
disagree. Because the Washington courts reasonably applied our
precedent to the facts of this case, we reverse the judgment
below.
I
A
The driveby shooting was the
culmination of a gang dispute between the 23d Street Diablos, of
which Cesar Sarausad was a member, and the Bad Side Posse, which
was headquartered at Ballard High School in Seattle, Washington. A
member of the Diablos, Jerome Reyes, had been chased from Ballard
by members of the Bad Side Posse, so the Diablos decided to go “to
Ballard High School to show that the Diablos were not afraid” of
the rival gang. App. to Pet. for Cert. 235a. The Diablos started a
fight with the Bad Side Posse, but left quickly after someone
indicated that police were nearby. They went to a gang member’s
house, still angry because the Bad Side Posse had “called [them]
weak.” Tr. 2660–2661. Brian Ronquillo retrieved a handgun, and the
gang decided to return to Ballard and “get [their] respect back.”
Id., at 2699.
Sarausad drove, with Ronquillo in
the front passenger seat and Reyes and two other Diablos in the
back seat. En route, someone in the car mentioned
“ ‘capping’ ” the Bad Side Posse, and Ronquillo tied a
bandana over the lower part of his face and readied the handgun.
Sarausad v.
State, 109 Wash. App. 824, 844, 39
P. 3d 308, 319 (2001). Shortly before reaching the high
school, a second car of Diablos pulled up next to Sarausad’s car
and the drivers of the two cars talked briefly. Sarausad asked the
other driver, “ ‘Are you ready?’ ”
id., at
844–845, 39 P. 3d, at 319, and then sped the rest of the way
to the high school. Once in front of the school, Sarausad abruptly
slowed to about five miles per hour while Ronquillo fired 6 to 10
shots at a group of students standing in front of it.
Id.,
at 831, 39 P. 3d, at 312. Sarausad “saw everyone go down,” Tr.
2870, and then sped away, 109 Wash. App., at 832, 39 P. 3d, at
313. The gunfire killed one student; another student was wounded
when a bullet fragment struck his leg.
Id., at 831–832, 39
P. 3d, at 312–313.
B
Sarausad, Ronquillo, and Reyes
were tried for the first-degree murder of Melissa Fernandes, the
attempted first-degree murders of Ryan Lam and Tam Nguyen, and the
second-degree assault of Brent Mason. Sarausad and Reyes, who were
tried as accomplices, argued at trial that they could not have been
accomplices to murder because they “had no idea whatsoever that
Ronquillo had armed himself for the return trip.”
Id., at
832, 39 P. 3d, at 313. They claimed that they expected, at
most, another fistfight with the Bad Side Posse and were “totally
and utterly dismayed when Ronquillo started shooting.”
Ibid.
Sarausad’s counsel, in
particular, argued that there was no evidence that Sarausad
expected anything more than that the two gangs “would exchange
insults, and maybe, maybe get into a fight.” Tr. 1151. Sarausad
testified that he considered only the “possibility of a fight,”
id., at 2799, but never the possibility of a shooting, 109
Wash. App., at 832, 39 P. 3d, at 313. During closing arguments,
Sarausad’s attorney again argued that the evidence showed only that
Sarausad was “willing to fight them the way they fought them the
first time. And that is by pushing and shoving and more tough
talk.” App. 81. That was not sufficient, the attorney argued, to
find that “Cesar [Sarausad] had knowledge that his assistance would
promote or facilitate the crime of premeditated murder.”
Id., at 83. Sarausad’s attorney also explained to the jury
that knowledge of just any crime, such as knowledge that criminal
assistance would be rendered after the shooting, would be
insufficient to hold Sarausad responsible as an accomplice to
murder because “[a]ccomplice liability requires that one assists
with knowledge, that their actions will promote or facilitate the
commission of
the crime.”
Id., at 100 (emphasis
added).
In response, the prosecutor focused much of
her closing argument on the evidence of Sarausad’s knowledge of a
shooting. He had “slowed down before the shots were fired, stayed
slowed down until the shots were over and immediately sped up.”
Id., at 39. “There was no hesitation, there was no
stopping the car. There was no attempt for Mr. Sarausad to swerve
his car out of the way so that innocent people wouldn’t get shot.”
Id., at 40. She also argued that Sarausad knew when he
drove back to the school that his gang’s “fists didn’t work, the
pushing didn’t work, the flashing of the signs, the violent
altercation didn’t work” because the Bad Side Posse still “laughed
at them, they called them weak, they called them nothing.”
Id., at 44. So, “[w]hen they rode down to Ballard High
School that last time, … [t]hey knew they were there to commit a
crime, to disrespect the gang, to fight, to shoot, to get that
respect back. A fist didn’t work, pushing didn’t work. Shouting
insults at them didn’t work. Shooting was going to work. In for a
dime, you’re in for a dollar.”
Id., at 123–124.
At the close of trial, the jury received two
instructions that directly quoted Washington’s accomplice-liability
statute.[
Footnote 1]
Instruction number 45 provided:
“You are instructed that a person
is guilty of a crime if it is committed by the conduct of another
person for which he is legally accountable. A person is legally
accountable for the conduct of another person when he is an
accomplice of such other person in the commission of
the
crime.”
Id., at 16 (emphasis added).
Instruction number 46 provided, in relevant
part:
“A person is an accomplice in the
commission of a crime if, with knowledge that it will promote or
facilitate the commission of
the crime, he or she
either:
“(1) solicits, commands, encourages, or
requests another person to commit the crime or
“(2) aids or agrees to aid another person in
planning or committing the crime.”
Id., at 17 (emphasis
added).
During seven days of
deliberations, the jury asked five questions, three of which
related to the intent requirement for accomplice liability. One
questioned the accomplice-liability standard as it related to the
first-degree murder instructions; one questioned the standard as it
related to the second-degree murder instructions; and one stated
that the jury was “having difficulty agreeing on the legal
definition and concept of ‘accomplice’ ” and whether a
person’s “willing participat[ion] in a group activity” makes “that
person an accomplice to any crime committed by anyone in the
group.”
Id., at 129. In response to each question, the
judge instructed the jury to reread the accomplice-liability
instructions and to consider the instructions as a whole.
The jury was unable to reach a verdict as to
Reyes, and the judge declared a mistrial as to him. The jury then
returned guilty verdicts on all counts for Ronquillo and convicted
Sarausad of the lesser included crimes of second-degree murder,
attempted second-degree murder, and second-degree assault.
C
On appeal, Sarausad argued that
because the State did not prove that he had intent to kill, he
could not be convicted as an accomplice to second-degree murder
under Washington law. The Washington Court of Appeals affirmed his
convictions, explaining that under Washington law, an accomplice
must have “general knowledge” that the crime will occur, but need
not have the specific intent required for that crime’s commission.
App. to Pet. for Cert. 259a. The court referred to accomplice
liability as “a theory of criminal liability that in Washington has
been reduced to the maxim, ‘in for a dime, in for a dollar.’ ”
Id., at 235a. The Washington Supreme Court denied
discretionary review.
State v.
Ronquillo, 136
Wash. 2d 1018, 966 P. 2d 1277 (1998).
Shortly thereafter, the
Washington Supreme Court clarified in an unrelated criminal case
that “in for a dime, in for a dollar” is not the best descriptor of
accomplice liability under Washington law because an accomplice
must have knowledge of “the crime” that occurs.
State v.
Roberts, 142 Wash. 2d 471, 509–510, 14 P. 3d
713, 734–735 (2000). Therefore, an accomplice who knows of one
crime—the dime—is not guilty of a greater crime—the dollar—if he
has no knowledge of that greater crime. It was error, then, to
instruct a jury that an accomplice’s knowledge of “ ‘a
crime’ ” was sufficient to establish accomplice liability for
“ ‘the crime.’ ”
Ibid.[Footnote 2] The Washington Supreme Court limited this
decision to instructions containing the phrase “a crime” and
explicitly reaffirmed its precedent establishing that jury
instructions linking an accomplice’s knowledge to “the crime,” such
as the instruction used at Sarausad’s trial, comport with
Washington law.
Id., at 511–512, 14 P. 3d, at 736
(discussing
State v.
Davis, 101 Wash. 2d
654, 656, 682 P. 2d 883, 884 (1984)). An instruction that
references “the crime” “copie[s] exactly the language from the
accomplice liability statute” and properly hinges criminal
punishment on knowledge of “the crime” for which the defendant was
charged as an accomplice. 142 Wash. 2d, at 512, 14 P. 3d, at
736.
D
Sarausad next sought
postconviction relief from the Washington courts. He argued that
although the accomplice-liability instruction used at his trial
complied with
Roberts, “an additional clarifying
instruction should have been given” because the prosecutor may have
confused the jury by improperly arguing that he had been “ ‘in
for a dime, in for a dollar.’ ”
Sarausad, 109
Wash. App., at 829, 39 P. 3d, at 311. Therefore, he
argued, the jury may have convicted him as an accomplice to
second-degree murder based solely on his admission that he
anticipated that an assault would occur at Ballard High School.
The Washington Court of Appeals
reexamined the trial record in its entirety in light of
Roberts, see 109 Wash. App., at 834, 39 P. 3d, at
313–314, but found no error requiring correction. According to the
court, the prosecutor’s closing argument in its entirety did not
convey “that the jury could find Sarausad guilty as an accomplice
to murder if he had the purpose to facilitate an offense of any
kind whatsoever, even a shoving match or fist fight.”
Id.,
at 840, 39 P. 3d, at 317. The prosecutor’s “ ‘in for a
dime, in for a dollar’ ” illustration also did not convey that
standard.
Id., at 842–843, 39 P. 3d, at 318. The
court explained that in every situation but one, the prosecutor
clearly did not use that phrase to argue that Sarausad could be
convicted of murder if he intended only a fistfight. Instead, she
used it to convey a “gang mentality” that requires a wrong to the
gang to be avenged by any means necessary.
Ibid. Thus,
according to the prosecutor, when a fight did not work, Sarausad
knew that a shooting was required to avenge his gang. See
ibid.
There was one “in for a dime, in for
a dollar” hypothetical in the prosecutor’s closing that did not
convey this gang-mentality meaning and thus, the court recognized,
“may or may not be problematic under
Roberts” depending on
how it was interpreted.
Id., at 843, 39 P. 3d, at
318.[
Footnote 3] The court
concluded that it did not need to decide whether the hypothetical
was improper under state law because, even if it was, it did not
prejudice Sarausad. Sarausad’s jury was properly instructed and
“the prosecutor made it crystal clear to the jury that the State
wanted Sarausad found guilty … because he knowingly facilitated the
drive-by shooting and for no other reason.”
Id., at
843–844, 39 P. 3d, at 319.
Sarausad sought discretionary postconviction
review from the Supreme Court of Washington. In denying his
petition, the court held that “the trial court correctly instructed
the jury” that knowledge of the particular crime committed was
required. App. to Pet. for Cert. 191a. The court also found that no
prejudicial error resulted from the prosecutor’s potentially
improper hypothetical.
Id., at 192a. “[W]hatever the flaws
in the argument, the prosecutor properly focused on Mr. Sarausad’s
knowing participation in the shooting, not in some lesser
altercation.”
Ibid.
E
Sarausad filed this petition
for a writ of habeas corpus in Federal District Court pursuant to
28 U. S. C. §2254. The District Court granted the petition,
finding “ample evidence that the jury was confused about what
elements had to be established in order for [Sarausad] to be found
guilty of second degree murder and second degree attempted murder.”
App. to Pet. for Cert. 129a. The Court of Appeals for the Ninth
Circuit affirmed, finding that the state postconviction court
unreasonably applied this Court’s decisions in Estelle v.
McGuire,
502 U. S. 62 (1991),
Sandstrom
v.
Montana,
442 U. S. 510 (1979),
and
In re Winship,
397 U. S. 358 (1970), in
affirming Sarausad’s conviction in spite of ambiguous jury
instructions and the “ ‘reasonable likelihood that the jury …
applied the challenged instruction in a way’ that violates the
Constitution.” 479 F. 3d, at 683 (quoting
Estelle,
supra, at 72). The court denied rehearing en banc over the
dissent of five judges.
Sarausad v.
Porter, 503
F. 3d 822 (2007). We granted certiorari, 552 U. S. ___ (2008),
and now reverse.
II
Under the Antiterrorism and
Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214, a
federal court may grant habeas relief on a claim “adjudicated on
the merits” in state court only if the decision “was contrary to,
or involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States.” 28 U. S. C. §2254(d)(1). Where, as here, it is the
state court’s application of governing federal law that is
challenged, the decision “ ‘must be shown to be not only
erroneous, but objectively unreasonable.’ ”
Middleton
v.
McNeil,
541 U. S. 433, 436
(2004)
(per curiam) (quoting
Yarborough v.
Gentry,
540
U. S. 1, 5 (2003)
(per curiam)); see also
Schriro v.
Landrigan,
550 U. S. 465, 473
(2007) (“The question under AEDPA is not whether a federal court
believes the state court’s determination was incorrect but whether
that determination was unreasonable—a substantially higher
threshold”).
Our habeas precedent places an
“especially heavy” burden on a defendant who, like Sarausad, seeks
to show constitutional error from a jury instruction that quotes a
state statute.
Henderson v.
Kibbe,
431 U. S. 145, 155
(1977). Even if there is some “ambiguity, inconsistency, or
deficiency” in the instruction, such an error does not necessarily
constitute a due process violation.
Middleton,
supra, at 437. Rather, the defendant must show both that
the instruction was ambiguous and that there was “ ‘a
reasonable likelihood’ ” that the jury applied the instruction
in a way that relieved the State of its burden of proving every
element of the crime beyond a reasonable doubt.
Estelle,
supra, at 72 (quoting
Boyde v.
California,
494 U. S. 370, 380 (1990)). In making
this determination, the jury instruction “ ‘may not be judged
in artificial isolation,’ but must be considered in the context of
the instructions as a whole and the trial record.”
Estelle,
supra, at 72 (quoting
Cupp v.
Naughten,
414 U. S. 141, 147
(1973)). Because it is not enough that there is some “slight
possibility” that the jury misapplied the instruction,
Weeks v.
Angelone,
528 U. S. 225, 236
(2000), the pertinent question “is ‘whether the ailing instruction
by itself so infected the entire trial that the resulting
conviction violates due process,’ ”
Estelle,
supra, at 72 (quoting
Cupp,
supra, at
147).
A
The Washington courts reasonably
concluded that the trial court’s instruction to the jury was not
ambiguous. The instruction parroted the language of the statute,
requiring that an accomplice “in the commission of
the
crime” take action “with knowledge that it will promote or
facilitate the commission of
the crime.” App. 16–17
(emphasis added); Wash. Rev. Code §§9A.08.020(2)(c), (3)(a) (2008).
It is impossible to assign any meaning to this instruction
different from the meaning given to it by the Washington courts. By
its plain terms, it instructed the jury to find Sarausad guilty as
an accomplice “in the commission of the [murder]” only if he acted
“with knowledge that [his conduct] will promote or facilitate the
commission of the [murder].” App. 16–17.[
Footnote 4] Because the conclusion reached by the
Washington courts that the jury instruction was unambiguous was not
objectively unreasonable, the Court of Appeals’ 28 U. S. C.
§2254(d)(1) inquiry should have ended there.[
Footnote 5]
B
Even if we agreed that the
instruction was ambiguous, the Court of Appeals still erred in
finding that the instruction was so ambiguous as to cause a federal
constitutional violation, as required for us to reverse the state
court’s determination under AEDPA, 28 U. S. C. §2254(d). The
Washington courts reasonably applied this Court’s precedent when
they determined that there was no “reasonable likelihood” that the
prosecutor’s closing argument caused Sarausad’s jury to apply the
instruction in a way that relieved the State of its burden to prove
every element of the crime beyond a reasonable doubt. The
prosecutor consistently argued that Sarausad was guilty as an
accomplice because he acted with knowledge that he was facilitating
a driveby shooting. Indeed, Sarausad and Reyes had admitted under
oath that they anticipated a fight, Tr. 2671, 2794, and yet the
prosecutor never argued that their admission was a concession of
accomplice liability for murder. She instead argued that Sarausad
knew that a shooting was intended, App. 123, because he drove his
car in a way that would help Ronquillo “fire those shots,”
id., at 39. The closing argument of Sarausad’s attorney
also homed in on the key legal question: He challenged the jury to
look for evidence that Sarausad “had knowledge that his assistance
would promote or facilitate the crime of premeditated murder” and
argued that no such evidence existed.
Id., at 83.
Put simply, there was no evidence
of ultimate juror confusion as to the test for accomplice liability
under Washington law. Rather, the jury simply reached a unanimous
decision that the State had proved Sarausad’s guilt beyond a
reasonable doubt. Indeed, every state and federal appellate court
that reviewed the verdict found that the evidence supporting
Sarausad’s knowledge of a shooting was legally sufficient to
convict him under Washington law. 479 F. 3d, at 677–683;
Sarausad, 109 Wash. App., at 844–845, 39 P. 3d,
at 319. Given the strength of the evidence supporting the
conviction, along with the jury’s failure to convict Reyes—who also
had been charged as an accomplice to murder and also had admitted
knowledge of a possible fight—it was not objectively unreasonable
for the Washington courts to conclude that the jury convicted
Sarausad only because it believed that he, unlike Reyes, had
knowledge of more than just a fistfight. The reasoning of the Court
of Appeals, which failed to review the state courts’ resolution of
this question through the deferential lens of AEDPA, does not
convince us otherwise.
First, the Court of Appeals found that the
evidence of Sarausad’s knowledge of the shooting was so “thin” that
the jury must have incorrectly believed that proof of such
knowledge was not required. 479 F. 3d
, at 692–693.
That conclusion, however, is foreclosed by the Court of Appeals’
own determination that the evidence was sufficient for a rational
jury to reasonably infer that Sarausad knowingly facilitated the
driveby shooting. As explained above, the Court of Appeals
acknowledged that the evidence showed that Ronquillo, while seated
in Sarausad’s front passenger seat, tied a bandana over the lower
part of his face and pulled out a gun.
Id., at 681. There
also was evidence that Sarausad then asked the Diablos in the other
car, “ ‘Are you ready?’ ” before driving to the school
and “slow[ing] his car in front of the school in a manner that
facilitated a drive-by shooting.”
Ibid. Other gang members
testified to prior knowledge of the gun and to discussing the
shooting as an option during the gang meeting held between trips to
Ballard High School.
Id., at 682. There also was testimony
from Sarausad that he suspected that members of the Bad Side Posse
would be armed when they returned to Ballard High School,
ibid., making it reasonable to conclude that Sarausad
would expect his gang to be similarly prepared for the
confrontation. There was nothing “thin” about the evidence of
Sarausad’s guilt.
Second, the Court of Appeals faulted the
prosecutor for arguing “clearly and forcefully” for an “in for a
dime, in for a dollar” theory of accomplice liability.
Id., at 693. But the Washington Court of Appeals conducted
an in-depth analysis of the prosecutor’s argument and reasonably
found that it contained, at most, one problematic hypothetical.
Sarausad, supra, at 842–843, 39 P. 3d, at 318–319.
The state court’s conclusion that the one hypothetical did not
taint the proper instruction of state law was reasonable under this
Court’s precedent, which acknowledges that “arguments of counsel
generally carry less weight with a jury than do instructions from
the court.”
Boyde, 494 U. S., at 384. On habeas review,
the Court of Appeals should not have dissected the closing argument
and exaggerated the possible effect of one hypothetical in
it
. There was nothing objectively unreasonable about the
Washington courts’ resolution of this question.[
Footnote 6]
Third, and last, the Court of Appeals believed
that the jury’s questions “demonstrated substantial confusion about
what the State was required to prove.” 479 F. 3d
, at
693
. Sarausad focuses special attention on this factor,
arguing that it was the “failure to remedy” this confusion that
sets this case apart from previous decisions and establishes that
the jury likely “did not understand accomplice liability” when it
returned its verdict. Brief for Respondent 29, 31. But this Court
has determined that the Constitution generally requires nothing
more from a trial judge than the type of answers given to the jury
here.
Weeks, 528 U. S., at 234. Where a judge “respond[s]
to the jury’s question by directing its attention to the precise
paragraph of the constitutionally adequate instruction that answers
its inquiry,” and the jury asks no followup question, this Court
has presumed that the jury fully understood the judge’s answer and
appropriately applied the jury instructions.
Ibid.
Under this established standard, it was not
objectively unreasonable for the state court to conclude that
Sarausad’s jury received the answers it needed to resolve its
confusion.[
Footnote 7] Its
questions were spaced throughout seven days of deliberations,
involved different criminal charges, and implicated the
interrelation of several different jury instructions. The judge
pinpointed his answers to the particular instructions responsive to
the questions and those instructions reflected state law. Under
these circumstances, the state court did not act in an objectively
unreasonable manner in finding that the jury knew the proper legal
standard for conviction.
III
Because the state-court decision
did not result in an “unreasonable application of … clearly
established Federal law,” 28 U. S. C. §2254(d)(1), the Court
of Appeals erred in granting a writ of habeas corpus to Sarausad.
The judgment below is reversed, and the case is remanded for
further proceedings consistent with this opinion.
It is so ordered.
Footnote 1
Washington’s accomplice-liability statute
provides, in pertinent part:
“A person is guilty of a crime if it is
committed by the conduct of another person for which he is legally
accountable. A person is legally accountable for the conduct of
another person when:
. . . . .
“He is an accomplice of such other person in
the commission of the crime.
“A person is an accomplice of another person
in the commission of a crime if … [w]ith knowledge that it will
promote or facilitate the commission of the crime, he
“(i) solicits, commands, encourages, or
requests such other person to commit it; or
“(ii) aids or agrees to aid such other person
in planning or committing it.” Wash. Rev. Code §§9A.08.020(1)–(3)
(2008) (internal numbering omitted).
Footnote 2
The instruction found faulty in
Roberts provided in full:
“You are instructed that a person is guilty of
a crime if it is committed by the conduct of another person for
which he is legally accountable. A person is legally accountable
for the conduct of another person when he is an accomplice of such
other person in the commission of
a crime.
“A person is an accomplice in the commission
of a crime, whether present at the time of its commission or not,
if, with knowledge that it will promote or facilitate its
commission, he either:
“(a) solicits, commands, encourages, or
requests another person to commit the crime; or
“(b) aids or agrees to aid another person in
planning or committing the crime.” 142 Wash. 2d, at 488–489,
14 P. 3d, at 724 (emphasis added).
Footnote 3
The prosecutor had argued in the hypothetical
that an accomplice who knows that he is helping someone assault a
victim bears responsibility if the victim is killed. The
hypothetical stated in full:
“Let me give you a good example of accomplice
liability. A friend comes up to you and says, ‘Hold this person’s
arms while I hit him.’ You say, ‘Okay, I don’t know that person,
anyway.’ You hold the arms. The person not only gets assaulted, he
gets killed. You are an accomplice and you can’t come back and say,
‘Well, I only intended this much damage to happen.’ Your presence,
your readiness to assist caused the crime to occur and you are an
accomplice. The law in the State of Washington says, if you’re in
for a dime, you’re in for a dollar. If you’re there or even if
you’re not there and you’re helping in some fashion to bring about
this crime, you are just as guilty.” App. 38.
Footnote 4
The dissent would reverse the Washington
state courts based on the alleged confusion in Washington courts,
and specifically in the Washington Court of Appeals on direct
review, about the meaning of the Washington accomplice liability
statute.
Post, at 2–5 (opinion of Souter, J.). But the
confusion in the Court of Appeals over the application of the
statute involved the related, but legally distinct, question
whether an accomplice is required to share the specific intent of
the principal actor under Washington law. On direct appeal,
respondent argued that he should not have been convicted as an
accomplice to murder because he did not have the specific intent to
kill. The Washington Court of Appeals rejected that argument
because “it was not necessary for the State to prove Sarausad knew
Ronquillo had a gun, or knew that there was a potential for gunplay
that day” under Washington law, App. to Pet. for Cert. 266a, where
“accomplice liability predicates criminal liability on general
knowledge of a crime, rather than specific knowledge of the
elements of the principal’s crime,”
id., at 259a. But the
Washington Court of Appeals never held that knowledge of a
completely different crime, such as assault, would be sufficient
under Washington law for accomplice liability for murder. See
id., at 258a–259a; see also
In re Domingo,
155 Wash. 2d 356, 367–368, 119 P. 3d 816, 822 (2005)
(“[N]either
Davis nor any of this court’s decisions
subsequent to
Davis approves of the proposition that
accomplice liability attaches for any and all crimes committed by
the principal so long as the putative accomplice knowingly aided in
any one of the crimes”). In other words, the Court of Appeals had
evaluated whether respondent’s conviction required a specific
intent versus a general intent to kill, not whether it required
knowledge of a murder versus knowledge of an assault—the issue
under review here. Thus, the confusion in the state courts
referenced by the dissent has no bearing on the question presented
in this appeal, and does not support the dissent’s argument that
the jury instruction in question was ambiguous.
Footnote 5
To the extent that the Court of Appeals
attempted to rewrite state law by proposing that the instruction
should have included “an explicit statement that an accomplice must
have knowledge of … the actual crime the principal intends to
commit,” 479 F. 3d 671, 689–690 (CA9 2007), it compounded its
error. The Washington Supreme Court expressly held that the jury
instruction correctly set forth state law, App. to Pet. for Cert.
191a, and we have repeatedly held that “it is not the province of a
federal habeas court to reexamine state-court determinations on
state-law questions.”
Estelle v.
McGuire,
502 U. S. 62, 67–68 (1991).
Footnote 6
The dissent accuses us of downplaying this
ambiguous hypothetical, arguing that it is so rife with improper
meaning that it “infect[ed] every further statement bearing on
accomplice law the prosecutor made,”
post, at 7, and
ensured that the jury misinterpreted the trial court’s
properly-phrased instruction. We disagree. The proper inquiry is
whether the state court was objectively unreasonable in concluding
that the instruction (which precisely tracked the language of the
accomplice-liability statute) was not warped by this one-paragraph
hypothetical in an argument and rebuttal spanning 31 pages of the
joint appendix. The state court’s conclusion was not unreasonable.
The hypothetical was presented during closing arguments, which
juries generally “vie[w] as the statements of advocates” rather
than “as definitive and binding statements of the law,”
Boyde v.
California,
494 U. S. 370, 384 (1990), and which,
as a whole, made clear that the State sought a guilty verdict based
solely on Sarausad’s “knowledge that his assistance would promote
or facilitate the crime of premeditated murder,” App. 83; see also
id., at 123–124.
Footnote 7
The dissent argues that we “sideste[p] the
thrust of this record” by finding that the trial judge’s answers to
the jury’s questions were satisfactory.
Post, at 9–10. But
our decision cannot turn on a
de novo review of the record
or a finding that the answers were “the best way to answer jurors’
questions,”
id., at 10. On federal habeas review, this
Court’s inquiry is limited to whether the state court violated
clearly established federal law when it held that the jury applied
the correct standard, in light of the answers given to its
questions. See 28 U. S. C. §2254(d)(1). On that issue, the
state court was not objectively unreasonable; the jury’s questions
were answered in a manner previously approved by this Court, and
they consistently referred the jury to the correct standard for
accomplice liability in Washington. The dissent also ignores the
important fact that the jury convicted Ronquillo of first-degree
murder, convicted respondent of second-degree murder, and failed to
reach an agreement on Reyes’ guilt, causing a mistrial on the
first-degree murder charge pending against him. The jury’s
assignment of culpability to two of the codefendants, versus its
deadlock over a third who, like respondent, conceded knowledge of
an assault, demonstrates that the jury understood the legal
significance of each defendant’s relative knowledge and intent with
respect to the murder.
Comments
Be the first to comment
Leave a Comment