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JENNINGS v. WOODFORD

No. 00-99008.

290 F.3d 1006 (2002)

Michael Wayne JENNINGS, Petitioner-Appellant, v. Jeanne WOODFORD, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2002.

Attorney(s) appearing for the Case

Gilbert Eisenberg and Marianne D. Bachers, San Francisco, CA, for the petitioner-appellant.

John Deist, California Attorney General, San Francisco, CA, for the respondent-appellee.

Before B. FLETCHER, T.G. NELSON, and BERZON, Circuit Judges.

OPINION

BETTY B. FLETCHER, Circuit Judge.

In February 1984, a jury in Contra Costa County, California, convicted Michael Wayne Jennings of first degree murder, forcible rape, first degree burglary, and robbery. After finding that Mr. Jennings had intentionally committed the murder during the commission of the rape, burglary, and robbery — a special circumstance permitting capital punishment — the jury voted to impose the death penalty. Mr....

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