David Slaughter v. Kingston Prunty Daniel E. Lungren, Attorney General

86 F.3d 1163 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David SLAUGHTER, Petitioner-Appellee, v. Kingston PRUNTY; Daniel E. Lungren, Attorney General, Respondents-Appellants. No. 95-55792. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1996. Decided May 22, 1996. 1 Before: O'SCANNLAIN, TROTT, Circuit Judges, and VAN SICKLE * District Judge. 2 MEMORANDUM ** OVERVIEW 3 David Slaughter pleaded guilty to first-degree murder and three counts of robbery exposing him to a sentence of life without parole ("LWOP") due to alleged "special circumstances" under California Penal Code § 190.2(a)(17)(i), i.e., that the murder was committed while he was engaged in the commission of a robbery. A sentencing hearing was held in California Superior Court as to striking the special circumstance allegation. The Defendant's motion to strike was denied, and he was sentenced to LWOP. 4 The Defendant-Petitioner filed in district court a petition for habeas…