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MORALES v. CATE

No. 10-99019.

623 F.3d 828 (2010)

Michael Angelo MORALES, Plaintiff, and Albert Greenwood Brown, Plaintiff-Appellant, v. Matthew CATE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 27, 2010.

Attorney(s) appearing for the Case

John R. Grele , Law Office of John R. Grele, San Francisco, CA, David A. Senior, Esquire , Mcbreen & Senior, Los Angeles, CA, Richard P. Steinken , Jenner & Block LLP, Chicago, IL, for Plaintiff/Plaintiff-Appellant.

Dane R. Gillette , Assistant Attorney General, Michael James Quinn , Deputy Attorney General, AGCA-Office of the California Attorney General, San Francisco, CA, for Defendant-Appellee.

Before: ANDREW J. KLEINFELD, M. MARGARET McKEOWN, and RAYMOND C. FISHER, Circuit Judges.

ORDER

1. This appeal in its present posture is not about the guilt of Albert Greenwood Brown. He was found guilty of a horrific crime and his conviction has been sustained by both state and federal courts. Nor is this proceeding about the constitutionality or availability of the death penalty, a procedure countenanced by the Supreme Court. Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976). Instead, we...

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