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JACKSON v. BROWN

Nos. 04-99006, 04-99007.

513 F.3d 1057 (2008)

Earl Lloyd JACKSON, Petitioner-Appellee, v. Jill BROWN, Warden, Acting Warden, California State Prison at San Quentin, Respondent-Appellant. Earl Lloyd Jackson, Petitioner-Appellant, v. Jill Brown, Warden, Acting Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2008.

Attorney(s) appearing for the Case

Tracy J. Dressner, La Crescenta, California, and Jay L. Lichtman, Los Angeles, CA, for petitioner-appellee/cross-appellant.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Scott A. Taryle, Deputy Attorney General; Kyle S. Brodie, Deputy Attorney General; and Susan Lee Frierson, Deputy Attorney General, Los Angeles, CA, for respondent-appellant/cross-appellee.

Before: KIM McLANE WARDLAW, RICHARD A. PAEZ, and JAY S. BYBEE, Circuit Judges.

WARDLAW, Circuit Judge:

Earl Jackson petitions for a writ of habeas corpus challenging (I) his state court convictions for two counts of burglary and two counts of murder, (2) the jury's findings of special circumstances making him death-eligible, and (3) his ultimate death sentence. The district court denied relief as to his convictions, but granted conditional relief as to the special circumstances findings and the death sentence.1 Warden...

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