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HARRIS v. PULLEY

No. 84-6433.

852 F.2d 1546 (1988)

Robert Alton HARRIS, Petitioner, v. R. PULLEY, Warden of the California State Prison at San Quentin, California, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted June 29, 1988.

Decided July 8, 1988.

Attorney(s) appearing for the Case

Michael J. McCabe, and Charles M. Sevilla, Cleary and Sevilla, San Diego, Cal., for petitioner.

John K. Van De Kamp, Atty. Gen., State of Cal., John W. Carney, and Michael D. Wellington, Supervising Deputy Attys. Gen., San Diego, Cal., for respondent.

Julius L. Chambers, James M. Nabrit, III, John Charles Boger, Deval L. Patrick, NAACP, and Anthony G. Amsterdam, New York University School of Law, NAACP, New York City, Michael G. Millman and Eric S. Multhaup, California Appellate Project, San Francisco, Cal., for amicus curiae.

Before ALARCON, BRUNETTI and NOONAN, Circuit Judges.

ALARCON, Circuit Judge:

Robert Alton Harris (hereinafter Harris) appeals from the denial of his petitions for a writ of habeas corpus challenging the constitutionality of his convictions for two counts of murder and the sentence of death under California's 1977 capital sentencing law.1

PROCEDURAL HISTORY

On March 6, 1979, a California jury in a bifurcated trial convicted Harris of two counts of murder and sentenced him...

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