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MAXWELL v. ROE

No. 06-56093.

628 F.3d 486 (2010)

Bobby Joe MAXWELL, Petitioner-Appellant, v. Ernie ROE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2010.

Attorney(s) appearing for the Case

Verna Wefald , Pasadena, CA, for plaintiff-appellant Bobby Joe Maxwell.

Edmund G. Brown, Jr. , Attorney General of the State of California, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, and Jaime L. Fuster , Deputy Attorney General, Kenneth C. Byrne , Supervising Deputy Attorney General, Los Angeles, CA, for respondent-appellee Ernie Roe, Warden.

Before: HARRY PREGERSON and RICHARD A. PAEZ, Circuit Judges, and JAMES C. MAHAN, District Judge.

OPINION

PAEZ, Circuit Judge:

Bobby Joe Maxwell was arrested in April 1979 and charged with murdering ten men in downtown Los Angeles, California. The media dubbed the murders for which Maxwell was charged the "Skid Row Stabber" killings. The prosecution's best physical evidence linking Maxwell to any of the crime scenes was a palm print on a public bench found near the body of one of the victims. The bench, however, was located in an area Maxwell frequented...

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