PHILLIPS v. VASQUEZ

No. 92-15828.

56 F.3d 1030 (1995)

Richard Louis Arnold PHILLIPS, Petitioner-Appellant, v. Daniel B. VASQUEZ, Warden, San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1995.


Attorney(s) appearing for the Case

Donald Horvath, Fresno, CA, for petitioner-appellant.

Edmund D. McMurray, Deputy Atty. Gen., Sacramento, CA, for respondent-appellee.

Opinion by Judge REINHARDT; Concurrence by Judge KLEINFELD.


REINHARDT, Circuit Judge:

It has been almost fifteen years since Richard Louis Arnold Phillips was convicted of murder and first sentenced to death, and ten years since the state supreme court affirmed his conviction and vacated his sentence. The question before us is whether we should now review the constitutionality of Phillips' conviction or require him to continue to wait until the state has rendered a final decision regarding his sentence before allowing him...

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