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PENSINGER v. CHAPPELL

Nos. 12-99006, 13-99000.

787 F.3d 1014 (2015)

Brett Patrick PENSINGER, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, Respondent-Appellee. Brett Patrick Pensinger, Petitioner-Appellee, v. Kevin Chappell, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted June 2, 2015.

Filed June 2, 2015.

Attorney(s) appearing for the Case

Jan B. Norman (argued), Los Angeles, CA, for Petitioner-Appellant.

Lise S. Jacobson (argued) and Robin Urbanski , Deputy Attorneys General; Julie L. Garland , Senior Assistant Attorney General; Kamala D. Harris , Attorney General of California, San Diego, CA, for Respondent-Appellee.

Before: RICHARD C. TALLMAN, CARLOS T. BEA, and JOHN B. OWENS, Circuit Judges.

OPINION

Brett Patrick Pensinger was convicted of kidnapping and first-degree murder and sentenced to death in 1982. After his California state appeals, Pensinger filed a writ of habeas corpus in federal court prior to the enactment of the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No...

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