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DEERE v. CALDERON

No. CV 92-1684-GLT [TD].

890 F.Supp. 893 (1995)

Ronald Lee DEERE, Petitioner, v. Arthur CALDERON, Warden, (San Quentin Prison) Respondent.

United States District Court, C.D. California, Southern Division.

July 28, 1995.

Attorney(s) appearing for the Case

Diana Samuelson, Serra, Perelson, Lichter, Daar and Bustamante, San Francisco, CA, Michael Satris, Margaret J. Littlefield, Law Offices of Michael Satris, Bolinas, CA, for petitioner.

Daniel E. Lungren, Atty. Gen. of the State of California, George H. Williamson, Chief Asst. Atty. Gen., Gary W. Schons, Sr. Asst. Atty. Gen., William M. Wood, and Frederick R. Millar, Jr., Supervising Deputy Attys. Gen., San Diego, CA, for respondent.

AMENDED ORDER FINDING THAT CERTAIN OF PETITIONER'S CLAIMS ARE PROCEDURALLY BARRED

TAYLOR, District Judge.

The court finds that, since the California Supreme Court's 1993 Clark decision, that court has applied the timeliness procedural bar with consistency in death penalty habeas corpus cases. Therefore, the federal court will now enforce the state court procedural bar.

I. BACKGROUND

Petitioner was convicted in 1982 of three...

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