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EARP v. STOKES

No. 03-99005.

423 F.3d 1024 (2005)

Ricky Lee EARP, Petitioner-Appellant, v. John STOKES, Warden, of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2005.

Attorney(s) appearing for the Case

Robert S. Gerstein, Santa Monica, CA, Dean R. Gits, Office of the Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

James William Bilderback II, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: FARRIS, D.W. NELSON, and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge.

Ricky Lee Earp is on death row in San Quentin, California, after being convicted in Los Angeles County of the 1988 rape and murder of eighteen-month-old Amanda Doshier. The jury convicted Earp of first-degree murder and found three death-qualifying special circumstances to be true: rape, sodomy, and lewd and lascivious conduct on a child under the age of fourteen. In the separate penalty phase, the jury recommended that Earp be put to death...

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