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McDOWELL v. CALDERON

No. 96-99000.

107 F.3d 1351 (1997)

Charles E. McDOWELL, Petitioner-Appellant, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Andrea G. Asaro, Rosen, Bien & Asaro, San Francisco, California, for petitioner-appellant.

Robert F. Katz, Deputy Attorney General, Los Angeles, California, for respondent-appellee.

Before: WIGGINS, THOMPSON and TROTT, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

In 1984, a jury in California found Charles E. McDowell, Jr., guilty of murder, attempted murder, attempted rape, and burglary. The jury found true the special circumstances of felony murder/burglary and felony murder/rape. McDowell was sentenced to death.

After exhausting his claims for relief in state court, McDowell filed his first amended petition for federal habeas relief in the district court. This is an appeal from...

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