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ANDREWS v. DAVIS

Nos. 09-99012, 09-99013.

798 F.3d 759 (2015)

Jesse James ANDREWS, Petitioner-Appellant, v. Ron DAVIS, Acting Warden, Respondent-Appellee. Jesse James Andrews, Petitioner-Appellee, v. Ron Davis, Acting Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2015.

Attorney(s) appearing for the Case

Michael Burt (argued), Law Office of Michael Burt, San Francisco, CA, for Petitioner-Appellant/Cross-Appellee.

Xiomara Costello (argued and briefed), Supervising Deputy Attorney General, Kamala D. Harris , Attorney General of California, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Senior Assistant Attorney General, Keith H. Borjon , Supervising Deputy Attorney General, A. Scott Hayward , Deputy Attorney General, Sarah J. Farhat , Deputy Attorney General, Shira Seigle Markovich , Deputy Attorney General, Edward C. DuMont , Solicitor General, Gerald A. Engler , Chief Assistant Attorney General, Michael J. Mongan , Deputy Solicitor General, James William Bilderback II , Supervising Deputy Attorney General, Los Angeles, CA, for Respondent-Appellee/Cross-Appellant.

Before: SANDRA S. IKUTA, N. RANDY SMITH, and MARY H. MURGUIA, Circuit Judges.

OPINION

Jesse James Andrews appeals from the district court's denial of all but one of the claims raised in his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The state cross-appeals the district court's grant of relief on Andrews's claim that his counsel's assistance was ineffective at the penalty...

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