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WHARTON v. CALDERON

Nos. 96-99021, 96-99023.

127 F.3d 1201 (1997)

George Herbert WHARTON, Petitioner-Appellee, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1997.

Attorney(s) appearing for the Case

Richard S. Moskowitz, Deputy Attorney General, Los Angeles, California, for respondent-appellant.

Michael W. Fitzgerald, Law Offices of Robert L. Corbin, Los Angeles, California, for petitioner-appellee.

Before: HUG, Jr., Chief Judge, and BROWNING and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

George Herbert Wharton has pending in the district court his petition for a writ of habeas corpus challenging his first-degree murder conviction, with special circumstance, and sentence of death in the California state courts. See People v. Wharton, 53 Cal.3d 522, 280 Cal.Rptr. 631, 809 P.2d 290 (1991). In his habeas petition...

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