No. 04-99005.

673 F.3d 1168 (2012)

Richard Louis Arnold PHILLIPS, Petitioner-Appellant, v. Steven W. ORNOSKI, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission July 1, 2010.

Resubmitted August 31, 2011.

Filed March 16, 2012.

Attorney(s) appearing for the Case

Richard Phillips , San Quentin, CA, appearing pro se; Katherine L. Hart , Fresno, CA, advisory counsel, for the petitioner-appellant.

Catherine Chatman , Supervising Deputy Attorney General, Sacramento, CA; Robert Todd Marshall , Assistant Attorney General, Sacramento, CA, for the respondent-appellee.

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge KLEINFELD.


REINHARDT, Circuit Judge:

In this case we consider a capital habeas corpus petition filed prior to the effective date of the Antiterrorism and Effective Death Penalty Act (AEDPA) and thus governed by pre-AEDPA law. Petitioner Richard Louis Arnold Phillips appeals the district court's denial of his habeas corpus petition on three grounds. First, he contends that the district court's procedural rulings improperly denied him a full evidentiary hearing...

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