BEAN v. CALDERON

Nos. 97-99023, 97-99024.

163 F.3d 1073 (1998)

Anthony Cornell BEAN, Petitioner-Appellee/Cross-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 15, 1998.


Attorney(s) appearing for the Case

Andrea Miller, Nageley & Meredith, Inc., Sacramento, California, Andrew S. Love, Law Offices of Coffin & Love, San Francisco, California, for petitioner-appellee/cross-appellant.

Clayton S. Tanaka, Deputy Attorney General, Sacramento, California, for respondent-appellant/cross-appellee.

Before: CANBY, O'SCANNLAIN, and THOMAS, Circuit Judges.


Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

THOMAS, Circuit Judge:

Anthony Cornell Bean was convicted of the first-degree murder, robbery, and burglary of Beth Schatz and Eileen Fox and sentenced to death. After the district court granted Bean's habeas petition as to his sentence but denied habeas relief as to his conviction, Warden Calderon appealed and Bean cross-appealed...

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