Visciotti v. Woodford

288 F.3d 1097 John Louis VISCIOTTI, Petitioner-Appellee-Cross-Appellant, v. Jeanne WOODFORD, Warden of California State Prison at San Quentin, Respondent-Appellant-Cross-Appellee. No. 99-99031. No. 99-99032. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 6, 2001. Filed April 24, 2002. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED John T. Swan, Deputy Attorney General, San Diego, CA, for the respondent-appellant-appellee. William H. Forman and Statia Peakheart, Deputy Federal, Public Defenders, Los Angeles, CA, for the petitioner-appellee-cross-appellant. Appeal from the United States District Court for the Central District of California, Manuel Real, District Judge, Presiding. D.C. No. CV 97-04591-R. Before: PREGERSON,TASHIMA, and BERZON, Circuit Judges. OPINION 1 PREGERSON, Circuit Judge, authored Sections I, II, and III-B, with which Judges TASHIMA and BERZON concur. TASHIMA, Circuit Judge, authored Section III-A, with which Judge BERZON concurs, and from which Judge PREGERSON dissents. 2 John Visciotti ("Visciotti"), a California state prisoner, was convicted of first degree murder, attempted murder, and robbery, and sentenced to death.…