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KARIS v. CALDERON

Nos. 98-99025, 98-99026.

283 F.3d 1117 (2002)

James Leslie KARIS, Petitioner-Appellee, v. Arthur CALDERON, Warden, Respondent-Appellant. James Leslie Karis, Petitioner-Appellant, v. Arthur Calderon, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2002.

Attorney(s) appearing for the Case

Norman C. Hile, Sacramento, CA, for the petitioner.

Paul E. O'Connor, Deputy Attorney General, Sacramento, CA, for the respondent.

Before HUG, BROWNING and KLEINFELD, Circuit Judges.

Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge KLEINFELD

HUG, Circuit Judge:

The Warden of the California State Prison, San Quentin, appeals the district court's order granting in part the 28 U.S.C. § 2254 habeas corpus petition of James Karis, who was convicted in 1982 of first degree murder with special circumstances, attempted murder, kidnaping, and rape. The district court granted the petition as to the penalty phase of the...

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