Earl B. Gibson v. Thomas L. Clanon, Superintendent, Vacaville Medical Facility, Vacaville, California, Lawrence Justice v. George Sumner, Superintendent, Correctional Training Facility, Soledad, California

633 F.2d 851 7 Fed. R. Evid. Serv. 642 Earl B. GIBSON, Appellant, v. Thomas L. CLANON, Superintendent, Vacaville Medical Facility, Vacaville, California, Appellee. Lawrence JUSTICE, Appellant, v. George SUMNER, Superintendent, Correctional Training Facility, Soledad, California, Appellee. No. 79-2680. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 10, 1980. Decided Dec. 8, 1980. Marvin Stender, Stender & Stender, San Francisco, Cal., for appellant. Ronald E. Niver, Deputy Atty. Gen., San Francisco, Cal., for appellee. Appeal from the United States District Court for the Northern District of California. Before MERRILL, Circuit Judge, MARKEY, * Chief Judge and BOOCHEVER, Circuit Judge. BOOCHEVER, Circuit Judge: This is an appeal from a judgment of the District Court for the Northern District of California denying petitioners' writ of habeas corpus. The two petitioners, Gibson and Justice, are presently serving life sentences in California state prisons for the 1973 murder conviction of a prison guard at San Quentin. Gibson and Justice allege that the trial jury that convicted them impermissibly relied upon facts that were not in evidence. In doing so…