RODRIGUEZ v. MARSHALL

No. 96-16268.

125 F.3d 739 (1997)

Luis Valenzuela RODRIGUEZ, Petitioner-Appellant, v. Charles D. MARSHALL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 16, 1997.

Resubmitted August 14, 1997.

Decided September 9, 1997.


Attorney(s) appearing for the Case

Dennis P. Riordan, Riordan & Rosenthal, San Francisco, CA, for petitioner-appellant.

Ronald S. Matthias, Deputy Attorney General, San Francisco, CA, for respondent-appellee.

Before: JOHN T. NOONAN, Jr. and O'SCANNLAIN, Circuit Judges, RHOADES, District Judge.


O'SCANNLAIN, Circuit Judge:

We must determine whether alleged judicial coercion or juror misconduct warrants habeas relief for a convicted double-murderer.

I

Officers William H. Freeman and Roy Paul Blecher were murdered on December 22, 1978 on the I-80 Freeway in West Sacramento, California at approximately 3:40 a.m. At trial, the prosecution presented evidence that Rodriguez and his girlfriend Margaret Klaes had engaged in a cross-state crime-spree...

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