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McLAIN v. CALDERON

No. 95-99020.

134 F.3d 1383 (1998)

Robert Cruz McLAIN, Petitioner-Appellee, v. Arthur CALDERON, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Keith H. Borjon, Deputy Attorney General, Los Angeles, California, for respondent-appellant.

Robin M. Shapiro, Philadelphia, Pennsylvania, for petitioner-appellee.

Before: FERGUSON, HALL and KOZINSKI, Circuit Judges.

Opinion by Judge KOZINSKI; Concurrence by Judge FERGUSON.

KOZINSKI, Circuit Judge.

I

Robert Cruz McLain has a history of raping and sometimes killing young women. He was convicted and sentenced to death for one of those killings; the California Supreme Court affirmed. People v. McLain, 46 Cal.3d 97, 249 Cal.Rptr. 630, 757 P.2d 569

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