No. 09-55575.

725 F.3d 970 (2013)

Gilbert R. AGUILAR, Petitioner-Appellant, v. Jeanne S. WOODFORD, Director, California Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2013.

Attorney(s) appearing for the Case

Neil Jacob Rosenbaum (argued), Rosenbaum & Associates, San Francisco, CA, for Petitioner-Appellant.

Elaine Tumonis (argued), Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: HARRY PREGERSON and WILLIAM A. FLETCHER, Circuit Judges, and MARK W. BENNETT, District Judge.


W. FLETCHER, Circuit Judge:

Gilbert Aguilar was convicted of first-degree murder after a jury trial in Los Angeles County Superior Court. A young Hispanic man got out of a white Volkswagen Beetle and shot John Guerrero while Guerrero's car was stopped at a stoplight. The only question at trial was the identity of the shooter. Aguilar's defense was that another young Hispanic man, Richard Osuna, had shot Guerrero.

The prosecution introduced...

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