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PAYTON v. CULLEN

No. 07-99020.

658 F.3d 890 (2011)

William Charles PAYTON, Petitioner-Appellant, v. Vincent CULLEN, Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2011.

Attorney(s) appearing for the Case

Gail Ivens , Deputy Federal Public Defender, (argued); Brian M. Pomerantz , Deputy Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

A. Natasha Cortina , Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before: PAMELA ANN RYMER, RONALD M. GOULD, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

RYMER, Circuit Judge:

William Charles Payton raped and murdered Pamela Montgomery in the early hours of the morning on May 26, 1980. She had been stabbed twelve times, six of the wounds in a line from Montgomery's stomach to her groin. After that he repeatedly stabbed Patricia Pensinger with a knife, as well as her ten-year old son Blaine who was trying to help his mother. Pensinger suffered 40 stab wounds...

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