WEBSTER v. WOODFORD

No. 02-99009.

361 F.3d 522 (2004)

Larry Junior WEBSTER, Petitioner-Appellee, v. Jeanne S. WOODFORD, Warden, at San Quentin California State Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2004.


Attorney(s) appearing for the Case

Patrick J. Whalen, Stan Cross, Jo Graves, and Robert Anderson, Office of the Attorney General of the State of California, Sacramento, CA, for the appellant.

James S. Thomson and Saor E. Stetler, Thomson & Stetler, Berkeley, CA; and Joseph Sclesinger, Assistant Federal Defender, and Quinn Denvir, Federal Defendant, Sacramento, Ca, for the appellee.

Before: SCHROEDER, Chief Judge, and THOMAS and CLIFTON, Circuit Judges.


THOMAS, Circuit Judge:

This appeal requires us to decide, inter alia, whether Larry Webster's due process rights were denied by a judicial expansion of California's definition of death-qualifying special circumstances in violation of Bouie v. City of Columbia, 378 U.S. 347, 84 S.Ct. 1697, 12 L.Ed.2d 894 (1964). We hold that they were not and reverse the judgment of the district court.

I

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