9th Circuit rejects petition for rehearing en banc in Polk v. Sandoval
Yippee!
The United States Court of Appeals for the Ninth Circuit denied the State's petition for rehearing en banc in Polk v. Sandoval. The case holds that the pre-Byford instructions on premeditation (commonly known as the Kazalyn instructions) are unconstitutional.
It is believed that the State will now seek certiorari by the US Supreme Court.