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CLIFTON v. ATTORNEY GENERAL OF STATE OF CAL.

No. 91-55577.

997 F.2d 660 (1993)

Oscar Archie CLIFTON, Petitioner-Appellant, v. ATTORNEY GENERAL OF the STATE OF CALIFORNIA; Board of Prison Terms, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Alison Minet Adams, Santa Barbara, CA, for petitioner-appellant.

Norman H. Sokolow, Deputy Atty. Gen., Los Angeles, CA, for respondents-appellees.

Before: HUG and O'SCANNLAIN, Circuit Judges, and SEDWICK, District Judge.

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether a district court, on its own initiative, can refuse to enforce a judgment order because of a change in the law after the judgment became final.

I

In August of 1976, Clifton was convicted in California state court of first degree murder and sentenced to death. On direct appeal, his sentence was modified to life imprisonment with the possibility of parole. In 1977, section 3041.5 of the...

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