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CUNNINGHAM v. WONG

No. 09-99008.

704 F.3d 1143 (2013)

Albert CUNNINGHAM, Petitioner-Appellant, v. Robert K. WONG, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2013.

Attorney(s) appearing for the Case

Jerry L. Newton , Carmel, CA; Norman D. James , Corvallis, MT, for Petitioner-Appellant.

Edmund G. Brown Jr. , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General; Pamela C. Hamanaka , Senior Assistant Attorney General; A. Scott Hayward and Lance E. Winters , Deputy Attorneys General, Los Angeles, CA, for Respondent-Appellee.

Opinion by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge PREGERSON.

OPINION

TALLMAN, Circuit Judge:

Petitioner-Appellant Albert Cunningham ("Cunningham") appeals the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. Cunningham was convicted of robbery/murder in California state court and was sentenced to death in 1988. He raises ten individual claims alleging error in both the guilt and penalty phases of his California criminal proceedings. His claims generally fall into three categories...

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