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WADE v. CALDERON

No. 90-56332.

29 F.3d 1312 (1994)

Melvin Meffery WADE, Petitioner-Appellant, v. Arthur CALDERON, Warden of San Quentin; Attorney General of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 16, 1994.

Attorney(s) appearing for the Case

Barry P. Helft, Donald J. Ayoob, Deputy State Public Defenders, San Francisco, CA, Michael R. Levine, Asst. Federal Public Defender, Portland, OR, Joel Levine, Encino, CA, as Special Counsel for petitioner-appellant.

Pat Zaharopoulos, Deputy Atty. Gen., and Holly D. Wilkens, Supervising Deputy Atty. Gen., San Diego, CA, for respondent-appellee.

Cliff Gardner, Fiedler, Gardner & Derham, San Francisco, CA, for amicus California Appellate Project.

Kent S. Scheidegger, Sacramento, CA, for amicus Crim. Justice Legal Foundation.

Before: CANBY, REINHARDT, and TROTT, Circuit Judges.

Partial Concurrences and Partial Dissents by Judges REINHARDT and TROTT.

CANBY, Circuit Judge:

Melvin Meffery Wade, a California state prisoner sentenced to death, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. Wade was convicted in the San Bernardino County Superior Court of first-degree murder. We review de novo the district court's denial of the habeas petition. Norris v. Risley, 878 F.2d 1178

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