Opinion by Judge RYMER; Partial Concurrence and Partial Dissent by Judge GOULD; Dissent by Judge BERZON.
RYMER, Circuit Judge, with whom Chief Judge SCHROEDER and Judges KOZINSKI, O'SCANNLAIN, SILVERMAN, TALLMAN, CLIFTON, CALLAHAN, and BEA join, and with whom Judges McKEOWN, WARDLAW, and GOULD join in Parts I-III.
Stevie Lamar Fields, a California state prisoner, was convicted in 1979 for the
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