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ANDERSON v. CALDERON

No. 98-99024.

232 F.3d 1053 (2000)

Stephen Wayne ANDERSON, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 17, 2000.

Attorney(s) appearing for the Case

Margo A. Rocconi, Federal Public Defender's Office, Los Angeles, California; Robert S. Horwitz, Law Offices of A. Lavar Taylor, for the petitioner-appellant.

Gil P. Gonzalez, Office of Attorney General, San Diego, California, for the respondent-appellee.

Before: TROTT, FERNANDEZ, and McKEOWN, Circuit Judges.

Argued and Submitted June 5, 2000 — Pasadena, California

TROTT, Circuit Judge:

Elizabeth Lyman was an 81 year old retired piano teacher. She lived by herself on Church Street in Bloomington, San Bernardino County, California. About one hour after midnight on Monday, May 26, 1980 — Memorial Day — petitioner Anderson, a 26-year old escapee from Utah State Prison, broke into Mrs. Lyman's home, cut her phone line with a knife, and shot her...

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