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CALDERON v. U.S. DIST. COURT FOR CENT. DIST.

No. 98-70569.

163 F.3d 530 (1998)

Arthur CALDERON, Warden of California State Prison at San Quentin, Petitioner, v. The UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent, Horace Edwards Kelly, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General of California, Keith I. Motley, Supervising Deputy Attorney General, San Diego, California, for the petitioner.

Maria E. Stratton, Federal Public Defender, David W. Fermino, Assistant Federal Public Defender, Los Angeles, California, for the real party in interest.

No appearance for the respondent.

Before: HUG, Chief Judge, and BROWNING, FLETCHER, PREGERSON, REINHARDT, HALL, KOZINSKI, THOMPSON, TROTT, TASHIMA, and SILVERMAN, Circuit Judges.

Opinion by Judge TASHIMA; Concurrence by Judge THOMPSON; Concurrence by Judge SILVERMAN; Dissent by Judge HALL.

TASHIMA, Circuit Judge:

This case comes to us in an unusual procedural posture, complicated by an atypical history. Real party in interest Horace Edwards Kelly (Kelly) was sentenced to death in two separate cases by the California state courts. See People v. Kelly, 51 Cal.3d 931, 275...

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