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BELMONTES v. WOODFORD

No. 01-99018.

350 F.3d 861 (2003)

Fernando BELMONTES, Jr., Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, for the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2003.

Amended November 20, 2003.

Attorney(s) appearing for the Case

Eric S. Multhaup, Mill Valley, California; Christopher H. Wing, Sacramento, California, for the petitioner-appellant.

Mark A. Johnson, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Before Stephen REINHARDT, DIARMUID F. O'SCANNLAIN and Richard A. PAEZ, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN

The opinion and dissent filed on July 15, 2003 is hereby amended. The clerk shall file the amended opinion and dissent.

OPINION

REINHARDT, Circuit Judge.

In this pre-AEDPA death penalty case, Petitioner Fernando Belmontes, Jr., appeals the district court's denial of his petition for writ of habeas corpus...

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