BROWN v. LAMBERT

No. 04-35998.

431 F.3d 661 (2005)

Cal Coburn BROWN, Petitioner-Appellant, v. John LAMBERT, Superintendent of Washington State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2005.


Attorney(s) appearing for the Case

Suzanne Elliott and Gilbert H. Levy, Seattle, WA, for the petitioner-appellant.

Rob McKenna, Attorney General, and John J. Samson, Assistant Attorney General, Criminal Justice Division, Olympia, WA, for the respondent-appellee.

Before: REINHARDT, KOZINSKI and BERZON, Circuit Judges.


KOZINSKI, Circuit Judge:

We consider the exclusion of jurors for cause in a death penalty case.

Facts1

Cal Brown is not a nice man. In May 1991, he carjacked Holly Washa and drove her to a motel near the Seattle-Tacoma airport. Brown robbed, raped and tortured Washa while holding her hostage for two days. He bound and gagged her, penetrated her with foreign objects, whipped her and shocked her with an electrical...

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