FIELDS v. BROWN

Nos. 00-99005, 00-99006.

503 F.3d 755 (2007)

Stevie Lamar FIELDS, Petitioner-Appellant, v. Jill BROWN, Warden, of California State Prison at San Quentin, Respondent-Appellee. Stevie Lamar Fields, Petitioner-Appellee, v. Jill Brown, Warden, of California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2007.


Attorney(s) appearing for the Case

David S. Olson, Kulik, Gottesman, Mouton & Siegel, Sherman Oaks, CA, for the petitioner-appellant/cross-appellee.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Kristofer Jorstad, Deputy Attorney General; and Keith H. Borjon, Supervising Deputy Attorney General, Los Angeles, CA, for the respondent-appellee/cross-appellant.

Before: MARY M. SCHROEDER, Chief Judge, and STEPHEN REINHARDT, ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RONALD M. GOULD, MARSHA S. BERZON, RICHARD C. TALLMAN, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.


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 robbery and murder of...

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