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MOORE v. ROWLAND

No. 03-15587.

367 F.3d 1199 (2004)

Edwaun Victor MOORE, Petitioner-Appellant, v. James ROWLAND, Director, California Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2004.

Attorney(s) appearing for the Case

Mark D. Greenberg, Attorney, Oakland, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Morris Beatus, Deputy Attorney General, and Eric D. Share, Supervising Deputy Attorney General, for the respondent-appellee.

Before: WALLACE, KOZINSKI and THOMAS, Circuit Judges.

PER CURIAM:

1. Petitioner argues that, contrary to People v. Landry, 212 Cal.App.3d 1428, 261 Cal.Rptr. 254 (1989), California's second-degree felony murder rule is a judicially-rather than statutorily-created offense, and therefore violates separation of powers under California law. Thus, because his conviction for...

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