ORDER
Sitting as a panel for motions and screening, we have before us an emergency proceeding in a death penalty case. The appellant is scheduled to be executed tonight in Missouri.
In the case before us, the Honorable William J. Rea, United States District Judge, has written an opinion granting in part and denying in part the State of California's motion for summary judgment on Malone's petition for a writ of habeas corpus relating to his California conviction...
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