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GRIFFIN v. HARRINGTON

No. 12-57162.

727 F.3d 940 (2013)

Prentiss GRIFFIN, Petitioner-Appellee, v. Kelly HARRINGTON, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2013.

Attorney(s) appearing for the Case

Shira B. Seigle (argued), Deputy Attorney General, Kamala D. Harris, Attorney General of California, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Jason C. Tran, Deputy Attorney General, Los Angeles, CA, for Respondent-Appellant.

Marilee Marshall (argued), Marilee Marshall & Associates, Los Angeles, CA, for Petitioner-Appellee.

Before: STEPHEN S. TROTT, CARLOS F. LUCERO, and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

TROTT, Circuit Judge:

Petitioner Prentiss Griffin, a member of the Grape Street Crips gang, was convicted by jury in the Superior Court of Los Angeles County of the first degree murder of Dwin Brooks, a member of a rival gang, the Bounty Hunter Bloods. The jury acquitted him of shooting Waylon Walton, who was shot but not killed during the same encounter. His sentence was 90 years to life. On direct appeal, the California Court of Appeal affirmed...

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