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COOPER v. CALDERON

No. 97-99030.

255 F.3d 1104 (2001)

Kevin COOPER, Petitioner-Appellant, v. Arthur CALDERON, Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2001.

Attorney(s) appearing for the Case

Robert B. Amidon, Burbank, California, David L. Bernstein, Studio City, California, and William M. McGuigan, Chula Vista, California, for the petitioner-appellant.

Frederick R. Millar, Jr., Deputy Attorney General, San Diego, California, for the respondent-appellee.

Before: JAMES R. BROWNING, RYMER, and RONALD M. GOULD, Circuit Judges.

Opinion by judge RYMER;

Concurrence by Judge RONALD M. GOULD; Dissent by judge JAMES R. BROWNING.

RYMER, Circuit Judge:

California state prisoner Kevin Cooper appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition, in which he challenged his conviction for the first degree murders of Douglas Ryen, Jessica Ryen, Peggy Ann Ryen and Christopher Hughes, and attempted murder in the first...

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