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PAYTON v. WOODFORD

Nos. 00-99000, 00-99003.

258 F.3d 905 (2001)

William Charles PAYTON, Petitioner-Appellee, v. Jeanne WOODFORD, Acting Warden of California State Prison at San Quentin, Respondent-Appellant. William Charles Payton, Petitioner-Appellant, v. Jeanne Woodford, Acting Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2001.

Attorney(s) appearing for the Case

Nancy L. Palmieri, Deputy Attorney General, San Diego, California, for the respondent-appellant/cross-appellee.

Rosalie L. Rakoff, Santa Monica, California, for the petitioner-appellee/cross-appellant.

Dean R. Gits, Santa Monica, California, for the petitioner-appellee/cross-appellant.

Before: Pamela Ann Rymer, Michael Daly Hawkins, and Ronald M. Gould, Circuit Judges.

Argued and Submitted May 10, 2001 — Pasadena, California

Opinion by Judge RYMER; Partial Concurrence and Partial Dissent by Judge MICHAEL DALY HAWKINS

RYMER, Circuit Judge:

William Charles Payton was convicted in 1982 of the rape and murder of Pamela Montgomery, and the attempted murders of Patricia Pensinger and her ten-year-old son, Blaine. He was sentenced to death. The California Supreme Court affirmed...

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