LUNBERY v. HORNBEAK

No. 08-17576.

605 F.3d 754 (2010)

Kristi Lyn LUNBERY, Petitioner-Appellant, v. Tina HORNBEAK, Warden; Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2010.


Attorney(s) appearing for the Case

Juliana Drous, San Francisco, CA, for petitioner-appellant.

Barton Bowers, Deputy Attorney General, Sacramento, CA, for respondents-appellees.

Opinion by Judge NOONAN; Concurrence by Judge HAWKINS.


NOONAN, Circuit Judge:

Kristi Lyn Lunbery appeals the denial by the district court of her petition for a writ of habeas corpus. We reverse the judgment of the district court and remand with directions to issue the writ.

FACTS

The Crime. At approximately noon on Friday, April 17, 1992, Charlie Bateson (Charlie) was discovered dead. He had been shot in the head with a single bullet discharged four to six inches from his head. His death by violence...

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