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BOYDE v. BROWN

No. 02-99008.

404 F.3d 1159 (2005)

Richard BOYDE, Petitioner-Appellant, v. Jill BROWN, Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2005.

Attorney(s) appearing for the Case

Robert E. Darby, Fulbright & Jaworski L.L.P., Los Angeles, CA, for the petitioner-appellant.

William M. Wood, Supervising Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before FARRIS, KOZINSKI and SILVERMAN, Circuit Judges.

KOZINSKI, Circuit Judge.

Richard Boyde was convicted in California state court of robbery, kidnaping for robbery and murder, and sentenced to death. He petitioned the district court for a writ of habeas corpus, challenging his conviction and sentence. The district court denied his petition, and Boyde now appeals.

Facts1

In early January 1981, Boyde robbed David Baker, an attendant at a Union 76 gas station in Riverside...

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