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MICKEY v. AYERS

Nos. 07-99006, 07-99007.

606 F.3d 1223 (2010)

Douglas S. MICKEY, Petitioner-Appellant, v. Robert L. AYERS, for California State Prison at San Quentin, Respondent-Appellee. Douglas S. Mickey, Petitioner-Appellee, v. Robert L. Ayers, for California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2010.

Attorney(s) appearing for the Case

J. Frank McCabe, San Francisco, CA, and Neoma D. Kenwood, Berkeley, CA, filed the briefs and argued the cause for the petitioner-appellant-cross-appellee.

Alice B. Lustre, Deputy Att'y General of California, argued the cause and filed the brief for the respondent-appellee-cross-appellant. Edmund G. Brown, Jr., Attorney General of California, Gerald A. Engler, Senior Assistant Attorney General of California, Dane R. Gillette, Chief Assistant Attorney General of California, and Glenn R. Pruden, Deputy Attorney General of California also were on the brief.

Before: DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON, and CARLOS T. BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We consider an appeal and a cross-appeal presenting consolidated issues arising out of a California double murder conviction and death sentence.

I

A

A California jury convicted Douglas S. Mickey of two first-degree murders, making special circumstance findings that authorized the death penalty. The state court jury returned a death verdict. The facts, as aptly discussed by the California Supreme Court in People...

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