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SIRIPONGS v. CALDERON

Nos. 97-99003, 99-70116.

167 F.3d 1225 (1999)

Jaturun SIRIPONGS, Petitioner-Appellant, v. Arthur CALDERON, Warden, in his capacity as Warden of San Quentin State Prison, Respondent-Appellee. Jaturun Siripongs, Petitioner, v. Arthur Calderon, Warden, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1999.

Attorney(s) appearing for the Case

Michael Laurence and Gary D. Sowards, Sternberg, Sowards & Laurence, San Francisco, California, for the petitioner-appellant.

Laura Whitcomb Halgren, Deputy Attorney General, San Diego, California, for the respondent-appellee.

Before: MARY M. SCHROEDER, HARRY PREGERSON, and FERDINAND F. FERNANDEZ, Circuit Judges.

Argued Telephonically February 7, 1999.

SCHROEDER, Circuit Judge:

We must consider a motion for stay of execution and application for leave to file a successive petition for writ of habeas corpus under 28 U.S.C. § 2244(b)(3)(A). We also consider a petition to recall the mandate.

This is the fourth time this capital case has been before this panel. Petitioner Jaturun Siripongs was convicted and sentenced to death in 1983 for the brutal murders...

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