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GONZALEZ v. WONG

No. 08-99025.

667 F.3d 965 (2011)

Jesse GONZALEZ, Petitioner-Appellant, v. Robert WONG, Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2011.

Attorney(s) appearing for the Case

Robert Berke , Santa Monica, CA; Mark E. Overland (argued), Scheper Kim & Overland LLP, Los Angeles, CA, for the petitioner-appellant.

James William Bilderback II , Supervising Deputy Attorney General, Los Angeles, CA; Joseph P. Lee (argued), Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Opinion by Judge CLIFTON; Partial Concurrence and Partial Dissent by Judge W. FLETCHER; Partial Dissent by Judge O'SCANNLAIN.

OPINION

CLIFTON, Circuit Judge:

Jesse Gonzales1 was convicted in a California state court of first degree murder, with a finding of the special circumstance of killing a law enforcement officer engaged in the lawful pursuit of his duties, and was sentenced to death. The California Supreme Court affirmed the conviction and sentence and denied Gonzales's petition for post-conviction relief. People v. Gonzalez,

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