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MORALES v. TILTON

Nos. C 06 219 JF RS, C 06 926 JF RS.

465 F.Supp.2d 972 (2006)

Michael Angelo MORALES, Plaintiff, v. James E. TILTON, Secretary of the California Department of Corrections and Rehabilitation, and Robert L. Ayers Jr., Acting Warden of San Quentin State Prison, Defendants.

United States District Court, N.D. California, San Jose Division.

December 15, 2006.

Attorney(s) appearing for the Case

David A. Senior, McBreen & Senior, Los Angeles, CA, Ginger Anders, Jenner & Block LLP, Washington, DC, Janice H. Lam, Richard P. Steinken, Stephanie L. Reinhart, Jenner & Block LLP, Chicago, IL, John R. Grele, Law Office of John R. Grele, San Francisco, CA, for Plaintiff.

Dane R. Gillette, Ronald S. Matthias, State Attorney General's Office, Karl Olson, Levy, Ram & Olson LLP, Wendy J. Thurm, Keker & Van Nest LLP, San Francisco, CA, Kelly Lynn McClease, Femal, California Department of Corrections and Rehabilitation, Sacramento, CA, Rochelle L. Wilcox, Los Angeles, CA, for Defendants.

Habeas Corpus Resource Center, San Francisco, CA, pro se.

California Appellate Project, San Francisco, CA, pro se.

MEMORANDUM OF INTENDED DECISION; REQUEST FOR RESPONSE FROM DEFENDANTS

FOGEL, District Judge.

I

Few issues in American society have generated as much impassioned debate as the death penalty. At one end of the spectrum, abolitionists condemn the intentional taking of human life by the State as barbaric and profoundly immoral. At the other, proponents see death, even a painful death, as the only just punishment for crimes that inflict unimaginable...

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