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PINHOLSTER v. AYERS

Nos. 03-99003, 03-99008.

525 F.3d 742 (2008)

Scott Lynn PINHOLSTER, Petitioner-Appellee, v. Robert L. AYERS, Warden, of the California State Prison at San Quentin, Respondent-Appellant. Scott Lynn Pinholster, Petitioner-Appellant, v. Robert L. Ayers, Warden, of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2008.

Attorney(s) appearing for the Case

Kristofer Jorstad, Deputy Attorney General, Los Angeles, CA, for the respondent-appellant, cross-appellee.

Sean K. Kennedy, Federal Public Defender, Los Angeles, CA, for the petitioner-cross appellant/appellee.

Before: ALEX KOZINSKI, Chief Judge, RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges.

Opinion by Judge TALLMAN; Concurrence by Chief Judge KOZINSKI; Dissent by Judge FISHER.

TALLMAN, Circuit Judge:

Scott Lynn Pinholster faces a death sentence in California for murdering Thomas Johnson and Robert Beckett on January 9, 1982, robbing Johnson and Beckett with intentional infliction of great bodily injury and with personal use of a knife, robbing Todd Croutch with a firearm, and burglarizing Michael Kumar's residence. The jury found two special...

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