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BITTAKER v. WOODFORD

No. 02-99000.

331 F.3d 715 (2003)

Lawrence S. BITTAKER, Petitioner-Appellee, v. Jeanne S. WOODFORD, Warden, California State Prison of San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2003.

Attorney(s) appearing for the Case

A. Scott Hayward, Deputy Attorney General, Los Angeles, CA, argued for the respondent-appellant. Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Donald E. De Nicola, Supervising Deputy Attorney General, and Keith H. Borjon, Supervising Deputy Attorney General, joined him on the briefs.

C. Renée Manes, Deputy Federal Public Defender, Los Angeles, CA, argued for the petitioner-appellee. Maria E. Stratton, Federal Public Defender, and Margo Rocconi, Deputy Federal Public Defender, joined her on the brief.

Before SCHROEDER, Chief Judge, PREGERSON, KOZINSKI, O'SCANNLAIN, T.G. NELSON, HAWKINS, TASHIMA, FISHER, PAEZ, BERZON and RAWLINSON, Circuit Judges.

Opinion by Judge KOZINSKI; Concurrence by Judge O'SCANNLAIN.

OPINION

KOZINSKI, Circuit Judge.

Lawrence Bittaker was convicted in California state court of multiple murders and was sentenced to death. After unsuccessfully exhausting his state remedies, In re Bittaker, No. S052371, 2000 Cal. LEXIS 9066 (Cal. Nov. 29, 2000); In re Bittaker, No. S058797, 2000 Cal. LEXIS 9067 (Cal. Nov. 29, 2000), Bittaker filed a federal habeas petition...

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