HEIN v. SULLIVAN

Nos. 07-56277, 07-56288, 07-56365, 07-56367.

601 F.3d 897 (2010)

Brandon Wade HEIN, Petitioner-Appellant, v. William Joseph SULLIVAN, Warden of California Correctional Institution, at Tehachapi, California, Substituted for Michael G. Yarborough, Respondent-Appellee. Tony Miliotti, Petitioner-Appellant, v. Jim Hall, Respondent-Appellee. Jason Skip Holland, Petitioner-Appellant, v. Al Scribner, Substituted for George A. Ortiz, Respondent-Appellee. Micah Holland, Petitioner-Appellant, v. Derral G. Adams, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2010.


Attorney(s) appearing for the Case

William J. Genego, Santa Monica, CA, for petitioner-appellant Brandon Hein.

Tracy Dressner, La Crescenta, CA, for petitioner-appellant Tony Miliotti.

Manny A. Abascal, Daniel R. Seltzer and Scott P. Lawrence for petitioner-appellant Micah Holland.

Erwin Chemerinsky, Durham, North Carolina, for petitioner-appellant Jason Holland.

Victoria B. Wilson, Supervising Deputy Attorney General, Office of the California Attorney General, Los Angeles, CA, for the respondents-appellees.

Before ANDREW J. KLEINFELD and RICHARD C. TALLMAN, Circuit Judges, and DAVID G. TRAGER, District Judge.


TRAGER, District Judge:

In 1996, Brandon Hein, Micah Holland, Jason Holland1 and Tony Miliotti, were convicted, after being tried together in California state court, of crimes relating to the 1995 attempted robbery of Michael McLoren, a small-time marijuana dealer, and the stabbing death of McLoren's friend, James Farris. All the participants were teenagers at the time of the stabbing, and Miliotti and Micah, who were juveniles at the...

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