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HEISHMAN v. AYERS

No. 07-99016.

621 F.3d 1030 (2010)

Harvey Lee HEISHMAN, III, Petitioner-Appellant, v. Robert L. AYERS, for California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2010.

Attorney(s) appearing for the Case

Geoffrey Rotwein , San Francisco, CA, and Michael Satris (argued), Bolinas, CA, for the petitioner-appellant.

Edmund G. Brown, Jr. , Attorney General of California, Dane Gillette , Chief Assistant Attorney General, Gerald A. Engler , Senior Assistant Attorney General, Alice B. Lustre , Deputy Attorney General, and Glenn R. Pruden (argued), Supervising Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Per Curiam Opinion; Concurrence by Judge SILVERMAN.

OPINION

PER CURIAM:

Harvey Lee Heishman, III, a California prisoner under sentence of death, appeals from denial of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Heishman asserts claims of prosecutorial misconduct during the guilt phase of his trial and ineffective assistance of counsel during the penalty phase. We affirm.

I. Background and Standard of Review

Heishman met Nancy Lugassy in July 1979. Lugassy invited...

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