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WHARTON v. CHAPPELL

No. 11-99016.

765 F.3d 953 (2014)

George Herbert WHARTON, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2014.

Attorney(s) appearing for the Case

Marcia A. Morrissey (argued), Santa Monica, CA; and Lynne S. Coffin, Los Angeles, CA, for Petitioner-Appellant.

Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Keith H. Borjon, Supervising Deputy Attorney General, Richard S. Moskowitz and A. Scott Hayward, Deputy Attorneys General, Los Angeles, CA, for Respondent-Appellee.

Before: SUSAN P. GRABER, WILLIAM A. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Petitioner George H. Wharton appeals the district court's denial of habeas relief in this capital case. Police officers arrested Petitioner after finding the body of his live-in girlfriend stuffed in a barrel in their kitchen. Petitioner admitted killing her but claimed at trial, in California state court, that he had been provoked into the killing and, therefore, was guilty only of second-degree murder. The jury disagreed...

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