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HARRIS v. VASQUEZ

No. 90-55402.

913 F.2d 606 (1990)

Robert Alton HARRIS, Petitioner-Appellant, v. Daniel VASQUEZ, Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1990.

As Amended November 19, 1990.

Attorney(s) appearing for the Case

Charles M. Sevilla and Michael McCabe, San Diego, Cal., and Michael Laurence, American Civil Liberties Union of Northern Cal., San Francisco, Cal., for petitioner-appellant.

Jay M. Bloom, Supervising Deputy Atty. Gen., and Louis R. Hanoian, Supervising Deputy Atty. Gen., San Diego, Cal., for respondent-appellee.

Kent S. Scheidegger, Sp. Deputy Atty. Gen., Sacramento, Cal., for amici curiae, States of Idaho, Ariz., Mont., Nev., and Wash.

Before ALARCON, BRUNETTI, and NOONAN, Circuit Judges.

BRUNETTI, Circuit Judge:

On March 6, 1979, Robert Alton Harris ("Harris") was convicted of two counts of murder and sentenced to death. On March 26, 1990, Harris filed his third federal petition for a writ of habeas corpus in the United States District Court for the Southern District of California. In this petition, Harris alleged that the state had denied him competent psychiatric assistance at trial, that the prosecution...

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