Argued and Submitted En Banc March 20, 2002.
Opinion by Judge Paez; Partial Concurrence and Partial Dissent by Judge Tallman.
OPINION
PAEZ, Circuit Judge.
A California jury convicted Petitioner-Appellee William Charles Payton of the first degree murder and rape of Pamela Montgomery, and the attempted murder of Patricia Pensinger and her son, Blaine Pensinger. The jury imposed the death penalty. Payton appealed both the underlying conviction...
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