No. 99-99022.

275 F.3d 769 (2001)

Robert Frederick GARCEAU, Petitioner-Appellant, v. Jeanne WOODFORD, Acting Warden of San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 26, 2001.

Attorney(s) appearing for the Case

Lynne S. Coffin, State Public Defender for the State of California, San Francisco, California, and Denise Kendall, Mill Valley, California, for the petitioner-appellant.

Clayton S. Tanaka, Deputy Attorney General of California, Sacramento, California, for the respondent-appellee.

Before: O'SCANNLAIN, TASHIMA, and THOMAS, Circuit Judges.

Opinion by Judge TASHIMA; Concurrence by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

TASHIMA, Circuit Judge:

Robert Garceau was convicted of a double homicide in California state court and sentenced to death. The California Supreme Court affirmed his conviction and sentence, People v. Garceau, 6 Cal.4th 140, 24 Cal.Rptr.2d 664,

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