Sims
Sims v. Brown
Opinion
Opinion
RYMER, J.
Volume 1 of
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MITCHELL CARLTON SIMS, No. 03-99007 Petitioner-Appellant, v. D.C. No.
CV-95-05267-GHK
JILL BROWN, Warden,*
OPINION
Respondent-Appellee. Appeal from the United States District Court for the Central District of California George H. King, District Judge, Presiding
Argued and Submitted June 9, 2005—Pasadena, California
Filed September 21, 2005
Before: Betty B. Fletcher, Pamela Ann Rymer, and Raymond C. Fisher, Circuit Judges.
Opinion by Judge Rymer; Partial Concurrence and Partial Dissent by Judge B. Fletcher
*Jill Brown is substituted for her predecessor, Jeanne Woodford, pursu- ant to Fed. R. App. P. 43(c)(2).
13473 SIMS v. BROWN 13477
COUNSEL
Trevor W. Morrison and John H. Blume, Cornell Law School, Ithaca, New York, for the petitioner-appellant.
David F. Glassman, Deputy Attorney General, Los Angeles, California, for the respondent-appellee. 13478 SIMS v. BROWN
OPINION
RYMER, Circuit Judge:
In 1987, Mitchell Carlton Sims was convicted of the first degree murder of John Harrigan, a…