MURTISHAW v. WOODFORD

No. 98-99018.

255 F.3d 926 (2001)

David L. MURTISHAW, Petitioner-Appellant, v. Jeanne WOODFORD, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2001.


Attorney(s) appearing for the Case

David H. Schwartz, San Francisco, California, for the appellant.

Susan Rankin Bunting, Deputy Attorney General, Sacramento, California, for the appellee.

Before: PROCTER HUG, JR., WARREN J. FERGUSON and KIM McLANE WARDLAW, Circuit Judges.


Argued and Submitted November 2, 1999—San Francisco, California.

HUG, Circuit Judge:

Petitioner David Murtishaw, a California death row inmate, appeals the district court's denial, on the merits and after an evidentiary hearing, of his habeas corpus petition challenging: 1) his 1979 conviction for three counts of first degree murder and one count of assault with attempt to commit murder; and 2) his 1983 sentence of death. We conclude that the district...

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