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PAYTON v. WOODFORD

Nos. 00-99000, 00-99003.

346 F.3d 1204 (2003)

William Charles PAYTON, Petitioner-Appellee, v. Jeanne WOODFORD, Warden, Respondent-Appellant. William Charles Payton, Petitioner-Appellant, v. Jeanne Woodford, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Frederick R. Millar, Jr., Deputy Attorney General, A. Natasha Cortina, Deputy Attorney General, Nancy L. Palmieri, Deputy Attorney General, Esteban Hernandez, Deputy Attorney General, San Diego, California, for respondent-appellant Jeanne S. Woodford.

Maria E. Stratton, Federal Public Defender, Dean R. Gits, Deputy Federal Public Defender, Office of the Federal Public Defender, Los Angeles, California, and Rosalie L. Rakoff, A Professional Corporation, Santa Monica, California, for petitioner-appellee William Charles Payton.

Before: Mary M. SCHROEDER, Chief Judge, Harry PREGERSON, Alex KOZINSKI, Stephen S. TROTT, Ferdinand F. FERNANDEZ, Thomas G. NELSON, A. Wallace TASHIMA, William A. Fletcher, Richard A. Paez, Marsha S. Berzon and Richard C. TALLMAN, Circuit Judges.

Opinion by Judge PAEZ; Dissent by Judge TALLMAN.

OPINION

PAEZ, Circuit Judge:

A California jury convicted William Charles Payton ("Payton") of the first degree murder and rape of Pamela Montgomery and the attempted murder of Patricia Pensinger and her son, Blaine Pensinger. Payton was sentenced to death. Payton appealed both his underlying conviction and death sentence.

On direct appeal, the California Supreme Court affirmed both his conviction...

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