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PAYNE v. BORG

Nos. 91-15678, 91-15867.

982 F.2d 335 (1992)

Orrin W. PAYNE, Petitioner-Appellee, Cross-Appellant, v. Robert BORG, Warden, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed October 2, 1992.

Order and Opinion Filed December 10, 1992.

As Amended on Denial of Rehearing and Rehearing March 3, 1993.

Attorney(s) appearing for the Case

Thomas A. Brady, Deputy Atty. Gen., San Francisco, CA, for respondent-appellant.

Quin Denvir, Sacramento, CA, for petitioner-appellee.

Before ALARCON, CYNTHIA HOLCOMB HALL and KLEINFELD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 3, 1993.

ORDER AND OPINION

ORDER

The memorandum disposition filed October 2, 1992, is redesignated a published and authored opinion and amended in its entirety.

OPINION

KLEINFELD, Circuit Judge:

Petitioner Orrin W. Payne was found guilty in state court of first degree murder and of a special circumstance that the murder was committed during the course of a burglary...

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