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DANIELS v. WOODFORD

Nos. 02-99002, 02-99003.

428 F.3d 1181 (2005)

Jackson Chambers DANIELS, Jr., Petitioner-Appellee, v. Jeanne S. WOODFORD, Warden, of California State Prison at San Quentin, Respondent-Appellant. Jackson Chambers Daniels, Jr., Petitioner-Appellant, v. Jeanne S. Woodford, Warden, of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2005.

Attorney(s) appearing for the Case

John T. Philipsborn, San Francisco, CA and John G. Cotsirilos, San Diego, CA, for the petitioner-appellee/cross-appellant.

Warren P. Robinson, Deputy Attorney General, San Diego, CA, for the respondent-cross-appellant/appellee.

Before FLETCHER, PREGERSON, and FERGUSON, Circuit Judges.

OPINION

PREGERSON, Circuit Judge.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Jackson Chambers Daniels, Jr., is a sixty-six-year-old paraplegic on California's death row. On December 1, 1983, Daniels was convicted of two counts of first-degree murder for the shooting deaths of police officers Dennis Doty and Phil Trust.

Daniels shot and killed the officers when they attempted to take him into custody following the denial of his appeal on...

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