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HERNANDEZ v. CHAPPELL

No. 11-99013.

878 F.3d 843 (2017)

Francis G. HERNANDEZ, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2017.

Attorney(s) appearing for the Case

Tracy Casadio (argued) and Margo A. Rocconi , Deputy Federal Public Defenders; Sean K. Kennedy , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Gary Lieberman (argued) and Xiomara Costello , Deputy Attorneys General; Keith H. Borjon , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Partial Concurrence and Partial Dissent by Judge Nguyen

OPINION

INTRODUCTION

As in many capital cases, the facts involved in this case are deeply disturbing and the crimes brutal. In April 1983, a jury convicted Francis Hernandez of two counts of first degree murder, two counts of rape, and two counts of forcible sodomy. After finding that each murder occurred...

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