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LEWIS v. MAYLE

No. 03-16152.

391 F.3d 989 (2004)

Daniel Lee LEWIS, Petitioner-Appellant, v. D.A. MAYLE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2004.

Attorney(s) appearing for the Case

J. Toney, Woodland, California, for the petitioner-appellant.

Catherine G. Tennant, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before FERGUSON, REINHARDT, and PAEZ, Circuit Judges.

FERGUSON, Circuit Judge:

This case involves a murder that only one of two people could have committed: the appellant, Daniel Lee Lewis, or his nephew, Steven Berg. Lewis was convicted of second degree murder and sentenced to an aggregate term of 95 years to life. Berg served as the primary witness for the prosecution. Despite the antagonistic positions of the two men, Lewis was represented at trial by a lawyer who had represented...

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