Brown

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CAL COBURN BROWN, 

Petitioner-Appellant, No. 04-35998 v.  D.C. No.

CV-01-00715-JCC

JOHN LAMBERT, Superintendent of Washington State Penitentiary, OPINION Respondent-Appellee.  Appeal from the United States District Court for the Western District of Washington John C. Coughenour, Chief Judge, Presiding

Argued and Submitted July 14, 2005—Pasadena, California

Filed December 8, 2005

Before: Stephen Reinhardt, Alex Kozinski and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Kozinski

16083 16086 BROWN v. LAMBERT

COUNSEL

Suzanne Elliott and Gilbert H. Levy, Seattle, Washington, for the petitioner-appellant.

Rob McKenna, Attorney General, and John J. Samson, Assis- tant Attorney General, Criminal Justice Division, Olympia, Washington, for the respondent-appellee.

OPINION

KOZINSKI, Circuit Judge:

We consider the exclusion of jurors for cause in a death penalty case.

Facts1

Cal Brown is not a nice man. In May 1991, he carjacked Holly Washa and drove her to a motel near the Seattle- Tacoma airport. Brown robbed, raped and tortured Washa…