COLLINS v. RUNNELS

No. 08-17299.

603 F.3d 1127 (2010)

Johnny Paul COLLINS, Petitioner-Appellant, v. D.L. RUNNELS, Warden; Attorney GGH General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2010.


Attorney(s) appearing for the Case

Fay Arfa, Los Angeles, CA, for the appellant.

David Andrew Eldridge and Justain Riley, Deputy Attorneys General, Sacramento, CA, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, PROCTER HUG, JR. and RICHARD R. CLIFTON, Circuit Judges.


HUG, Circuit Judge:

Johnny Paul Collins appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of first degree murder and second degree robbery. Collins was sentenced to life without the possibility of parole in a California state court. The central issue on appeal is whether clearly established Supreme Court precedent binding on the states requires trial severance where a co-defendant presents a mutually...

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