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PINHOLSTER v. AYERS

Nos. 03-99003, 03-99008.

590 F.3d 651 (2009)

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

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2009.

Attorney(s) appearing for the Case

James William Bilderback II, Supervising Deputy Attorney General, argued, 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.

Opinion by Judge MILAN D. SMITH, JR.; Dissent by Chief Judge KOZINSKI.

MILAN D. SMITH, JR., Circuit Judge:

Scott Lynn Pinholster (Pinholster) was sentenced to death after a jury convicted him of double murder with a knife in the course of a home robbery and burglary. After exhausting his state remedies, Pinholster sought a writ of habeas corpus in federal district court in which he alleged, among other claims, ineffective assistance of counsel at both the guilt and penalty phases of his trial. Applying the standards of the Antiterrorism...

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