. 519 U.S. at 150, 117 S.Ct. 633. 40 . Id. at 150-51, 117 S.Ct. 633. 41 . Id. at 157, 117 S.Ct. 633 (reversing circuit court judgments and remanding for further proceedings consistent with the opinion). 42 . Maj. Op. at 368. 43 . The defendants were also acquitted of additional counts of child endangerment — John was acquitted of Counts 2, 10 and renumbered 13, while Carolyn Jackson was also acquitted of renumbered Count 13. After the district court entered a judgment of acquittal on Counts 13 and 14 at the close of the government’s case, the original Count 15 was renumbered Count 13 on the verdict sheet. 44 . Grier, 475 F.3d at 562 (citing U.S. v. Booker, 543 U.S. 220, 230, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)) 45 . See, e.g., Chambers v. McDaniel, 549 F.3d 1191, 1201 (9th Cir. 2008) (<HOLDING>); United States v. Thornton, 539 F.3d 741,
holding defendants federal constitutional due process right was violated because jury instructions permitted jury to convict him of firstdegree murder without finding separately all three elements of the crime willfulness deliberation and premeditation holding that in order to convict a defendant of firstdegree murder on a theory of accomplice liability proof of his own premeditation is required holding that protection of a defendants constitutional right to be convicted only after a jurys consideration of every essential element of the charged offense demands that the jury be given proper instructions regarding all elements of the crime holding constitutional arizonas scheme of providing general verdicts for firstdegree murder based on either premeditation or felony murder without requiring jury unanimity holding inter alia that conviction of firstdegree premeditated murder on an aiding and abetting theory requires the prosecution to prove that the accomplice acted with premeditation and deliberation and intent to kill