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ASHMUS v. CALDERON

No. 96-16141.

123 F.3d 1199 (1997)

Troy A. ASHMUS, of himself as an individual and on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. Arthur CALDERON, Warden; Teena Farmon, Warden of the Central California Women's Facility; James H. Gomez, Director, California Department of Corrections; Daniel E. Lungren, Attorney General, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 11, 1997.

Resubmitted August 11, 1997.

Decided August 18, 1997.

Attorney(s) appearing for the Case

Ronald Matthias, Deputy Attorney General, San Francisco, California, for the defendants-appellants.

Michael Laurence, Sternberg, Sowards & Laurence, San Francisco, California, for the plaintiffs-appellees.

Before BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge.

DAVID R. THOMPSON, Circuit Judge.

On April 24, 1996, President Clinton signed into law the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214(Act). Troy A. Ashmus, a state prisoner who has been sentenced to death, brought this action on behalf of himself and others who have been sentenced to death in California. Ashmus contends California may not take advantage of certain benefits provided by Chapter 154 of the Act because California...

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