Suzuki v. Deedy

(1) Whether the U.S. Court of Appeals for the 9th Circuit erred in affirming the district court"s exercise of appellate jurisdiction to adjudicate a case brought by a state-court loser complaining of injuries caused by the judgment rendered by the state"s highest court before the district court proceedings commenced and inviting the court to review and reject that judgment; and (2) whether the 9th Circuit erred in concluding that the state trial court"s decision not to charge the jury on reckless manslaughter"a lesser-included offense of murder for which the defendant stood trial"constituted an acquittal of that offense.