TAYLOR v. CATE

No. 11-55247.

772 F.3d 842 (2014)

Ronald TAYLOR, Petitioner-Appellant, v. Matthew L. CATE, Secretary of the California Department of Corrections and Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2014.


Attorney(s) appearing for the Case

Kurt David Hermansen (argued), Law Office of Kurt David Hermansen, San Diego, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General of California, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Senior Assistant Attorney General, Kenneth C. Byrne , Supervising Deputy Attorney General, and Eric E. Reynolds (argued), Deputy Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: MARY M. SCHROEDER and RICHARD R. CLIFTON, Circuit Judges, and JOHN R. TUNHEIM, District Judge.


OPINION

SCHROEDER, Circuit Judge:

In 1987, two people entered a fast food restaurant, and one of them shot and killed the owner, Lewis Lim. A jury found that petitioner Ronald Taylor was the shooter, and convicted him of felony murder predicated on attempted robbery. The state trial court sentenced Taylor to life without the possibility of parole on the basis of the jury's finding that he was the shooter. In 1996, Taylor told the State that although he had...

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