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CRATER v. GALAZA

No. 05-17027.

491 F.3d 1119 (2007)

Andrew Cortez CRATER, Petitioner-Appellant, v. George M. GALAZA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2007.

Attorney(s) appearing for the Case

Victor S. Haltom, Sacramento, CA, Attorney at Law, argued the cause for petitioner-appellant Andrew Cortez Crater and filed briefs.

Brian R. Means, Sacramento, CA, Supervising Deputy Attorney General of the State of California, argued the cause for respondent-appellee George M. Galaza; Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General of the State of California, and Mary Jo Graves, Senior Assistant Attorney General of the State of California, were on the brief.

Before: MELVIN BRUNETTI, DIARMUID F. O'SCANNLAIN, and STEPHEN S. TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked, once again, whether the Anti-terrorism and Effective Death Penalty Act is unconstitutional, this time by another habeas corpus petitioner convicted of murder in a California state court.

I

On June 8, 1995, Andrew Cortez Crater and Thomas Crater Robinson went on an armed crime spree in Sacramento, California. In the course of a few hours, the two men robbed a college...

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