Boyde

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD BOYDE, 

Petitioner-Appellant, No. 02-99008 v.  D.C. No.

CV-91-02522-WDK

JILL BROWN, Warden of California State Prison at San Quentin,* OPINION Respondent-Appellee.  Appeal from the United States District Court for the Central District of California William D. Keller, District Judge, Presiding

Argued and Submitted July 15, 2004—Pasadena, California

Filed April 21, 2005

Before: Jerome Farris, Alex Kozinski and Barry G. Silverman, Circuit Judges.

Opinion by Judge Kozinski

*Jill Brown is substituted for her predecessor, Jeanne S. Woodford, as Warden of California State Prison at San Quentin. See Fed. R. App. P. 43(c)(2). COUNSEL

Robert E. Darby, Fulbright & Jaworski L.L.P., Los Angeles, California, for the petitioner-appellant.

William M. Wood, Supervising Deputy Attorney General, San Diego, California, for the respondent-appellee.

OPINION

KOZINSKI, Circuit Judge:

Richard Boyde was convicted in California state court of robbery, kidnaping for robbery and murder, and sentenced to death. He…