MYERS v. YLST

No. 88-6334.

897 F.2d 417 (1990)

Venson Lane MYERS, Petitioner-Appellant, v. Eddie S. YLST, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1990.


Attorney(s) appearing for the Case

Harvey R. Zall and Fern M. Laethem, State Public Defenders, Donald L.A. Kerson, Michael Pescetta, Deputy State Public Defenders, San Francisco, Cal., for petitioner-appellant.

Thomas L. Willhite, Deputy Atty. Gen., State of Cal., John R. Gorey, Supervising Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Before FLETCHER and KOZINSKI, Circuit Judges, and MUECKE, District Judge.


FLETCHER, Circuit Judge:

Myers, a prisoner serving a life sentence, petitioned for a writ of habeas corpus in the district court arguing that the California Supreme Court's disparate treatment of his case and an essentially identical case denied him the equal protection of the laws. The district court denied the writ. We reverse.

I

In 1979, a jury found Myers guilty of first degree murder, assault, and robbery. Myers argues that the California Supreme...

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