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FRIERSON v. WOODFORD

No. 04-99002.

463 F.3d 982 (2006)

Lavell FRIERSON, Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2006.

Attorney(s) appearing for the Case

Gwen Freeman, Knapp, Petersen & Clarke, Glendale, CA, Edward A. Rucker, Santa Monica, CA, for the petitioner-appellant.

Steven D. Matthews, Supervising Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before BETTY B. FLETCHER, BARRY G. SILVERMAN, and RICHARD A. PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

Lavell Frierson appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging a California jury's special circumstances findings and death penalty verdict for his convictions for assault with a deadly weapon, robbery, kidnaping for the purposes of robbery, and first degree felony murder. In this opinion, we conclude that trial counsel failed to investigate and present...

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