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McDOWELL v. CALDERON

No. 96-99000.

130 F.3d 833 (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 November 24, 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: HUG, Chief Judge, BROWNING, FLETCHER, PREGERSON, REINHARDT, BRUNETTI, KOZINSKI, THOMPSON, TROTT, KLEINFELD and THOMAS, Circuit Judges.

Argued En Banc and Submitted August 28, 1997.

TROTT, Circuit Judge:

On May 20, 1982, Charles E. McDowell, Jr., killed Paula Rodriguez. Following this grisly homicide, a jury convicted him of various crimes, including murder committed with the special circumstances of burglary and rape, and sentenced him to death. After exhausting his claims for relief in state court, he filed a petition for a writ of habeas corpus in federal district court, which was denied...

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