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IN RE MOSES

No. A124814.

182 Cal.App.4th 1279 (2010)

In re BENNIE MOSES on Habeas Corpus.

Court of Appeals of California, First District, Division Two.

March 16, 2010.

Attorney(s) appearing for the Case

Jennifer Sheetz, under appointment by the Court of Appeal, for Petitioner Bennie Moses.

Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Assistant Attorney General, Anya M. Binsacca and Steven G. Warner, Deputy Attorneys General, for Respondent State of California.

OPINION

LAMBDEN, J.—

Petitioner Bennie Moses was 30 years old on Thanksgiving Day in 1979 when he and his brother drove around Oakland, California, visiting family and friends. At one of their stops, Moses, having consumed copious amounts of alcohol and talked about "getting even," visited Willie Rhodes, whose brother had killed Moses's father in a gambling dispute five years before. Moses shot Rhodes once at close range, killing him...

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