Morris

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRUCE WAYNE MORRIS, 

Petitioner-Appellant, No. 05-99002 v. D.C. No. EDDIE YLST, Acting Warden for  CV-92-00483- the California State Prison at San EJG/GGH Quentin, OPINION Respondent-Appellee.  Appeal from the United States District Court for the Eastern District of California Edward J. Garcia, District Judge, Presiding

Argued and Submitted February 15, 2006—San Francisco, California

Filed May 9, 2006

Before: Warren J. Ferguson, Susan P. Graber, and William A. Fletcher, Circuit Judges.

Opinion by Judge Graber; Concurrence by Judge Ferguson COUNSEL

Marianne D. Bachers and Tony Tamburello, San Francisco, California, for the petitioner-appellant.

Ward A. Campbell, Supervising Deputy Attorney General, Sacramento, California, for the respondent-appellee. 5200 MORRIS v. YLST

OPINION

GRABER, Circuit Judge:

A California jury found Petitioner Bruce Wayne Morris guilty of first-degree murder and robbery, and he was sen- tenced to death in 1987. We have…