KIRKPATRICK v. CHAPPELL

No. 14-99001.

926 F.3d 1157 (2019)

William KIRKPATRICK, Jr., Petitioner-Appellant, v. Kevin CHAPPELL, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Original Opinion Filed October 10, 2017.

Panel Rehearing Granted July 18, 2018.

Re-argued and Submitted December 10, 2018 San Francisco, California.

Filed June 13, 2019.


Attorney(s) appearing for the Case

Patricia Ann Young (argued) and Mark R. Drozdowski , Deputy Federal Public Defenders; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

A. Scott Hayward (argued), Deputy Attorney General; James William Bilderback II , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Before: Kim McLane Wardlaw, Carlos T. Bea, and Morgan Christen, Circuit Judges.


OPINION

I. BACKGROUND

In September 1983, William Kirkpatrick was arrested and subsequently tried and convicted for robbing a Taco Bell restaurant in Burbank, California and for murdering two Taco Bell employees in the course of his robbery. He was 23 years old. The...

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