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WALKER v. MARTEL

No. 11-99006.

709 F.3d 925 (2013)

Marvin Pete WALKER, Petitioner-Appellee, v. Michael MARTEL, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2013.

Attorney(s) appearing for the Case

Bruce Ortega , Deputy Attorney General, San Francisco, CA, for Respondent-Appellant.

Thomas B. Mayhew (argued) and Douglas R. Young (argued), Farella Braun + Martel, LLP, Nanci L. Clarence , Clarence Dyer & Cohen, LLP, San Francisco, CA, for Petitioner-Appellee.

Before: BARRY G. SILVERMAN, SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

Warden Michael Martel appeals the district court's grant of habeas relief under 28 U.S.C. § 2254 to Petitioner-Appellee Marvin Walker. During just one month in 1979, Walker committed two armed robberies in San Jose, California, in which he shot and attempted to kill four people. He shot most of the victims in the head, killing a 15-year-old boy and permanently injuring the three remaining individuals. Three weeks after...

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