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IN RE MALONE

Docket No. S010528.

12 Cal.4th 935 (1996)

911 P.2d 468

50 Cal. Rptr.2d 281

In re KELVIN SHELBY MALONE on Habeas Corpus.

Supreme Court of California.

March 7, 1996.

Attorney(s) appearing for the Case

COUNSEL

Fern M. Laethem, State Public Defender, and Stephen Matchett, under appointments by the Supreme Court, Edward H. Schulman, Chief Assistant State Public Defender, William Blum, Deputy State Public Defender, and Nancy Gaynor for Petitioner.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, Harley D. Mayfield and Gary W. Schons, Assistant Attorneys General, Holly Wilkins, Pat Zaharopoulos, William D. Wood, Jay M. Bloom and Garrett Beaumont, Deputy Attorneys General, for Respondent.

OPINION

WERDEGAR, J.

Kelvin Shelby Malone is confined at San Quentin State Prison pursuant to a judgment of death rendered in the San Bernardino County Superior Court. In that proceeding, he was convicted of the first degree murder (Pen. Code, §§ 187, 189)1 of Myrtle Benham, with special circumstances of previous conviction of murder (§ 190.2...

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