AINSWORTH v. WOODFORD

Nos. 99-99024, 99-99026.

268 F.3d 868 (2001)

Steven King AINSWORTH, Petitioner-Appellee-Cross-Appellant, v. Jeanne WOODFORD, Acting Warden of California State Prison at San Quentin, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2001.


Attorney(s) appearing for the Case

Quin Denvir, Federal Defender, Sacramento, California, and James S. Thomson, Berkeley, California, for the petitioner.

J. Robert Jibson, Deputy Attorney General, Sacramento, California, for the respondent.

Before: Procter HUG, Jr., Susan P. GRABER, and William A. FLETCHER, Circuit Judges.


Argued and Submitted July 12, 2001 — Pasadena, California.

Opinion by Judge HUG; Dissent b Judge GRABER.

OPINION

HUG, Circuit Judge:

Jeanne Woodford, Acting Warden of San Quentin State Prison (the "State"), appeals the district court's order granting California state prisoner Steven Ainsworth's 28 U.S.C. § 2254 habeas corpus petition vacating Ainsworth's capital sentence. The district court granted relief on Ainsworth's claim...

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