Timothy Charles Parle v. David L. Runnels, in His Capacity as Warden of the High Desert State Prison, in Susanville, Timothy Charles Parle v. David L. Runnels, in His Capacity as Warden of the High Desert State Prison, in Susanville

387 F.3d 1030 Timothy Charles PARLE, Petitioner-Appellee, v. David L. RUNNELS, in his capacity as Warden of the High Desert State Prison, in Susanville, Respondent-Appellant. Timothy Charles Parle, Petitioner-Appellant, v. David L. Runnels, in his capacity as Warden of the High Desert State Prison, in Susanville, Respondent-Appellee. No. 02-16896. No. 02-17281. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 15, 2003. Filed November 1, 2004. COPYRIGHT MATERIAL OMITTED Martin Nebrida Buchanan, San Diego, CA, and Michael Kresser, Santa Clara, CA, for the petitioner-appellee/cross-appellant. Bruce Ortega, Deputy Attorney General, San Francisco, CA, for the respondent-appellant/cross-appellee. Appeal from the United States District Court for the Northern District of California; William H. Alsup, District Judge, Presiding. D.C. No. CR-01-03487-WHA. Before: HALL, O'SCANNLAIN, Circuit Judges, and BEISTLINE, District Judge. * HALL, Circuit Judge. 1 David L. Runnels, Warden of the High Desert State Prison, appeals an order of the district court granting a writ of habeas corpus to Timothy Charles Parle, a prisoner in his custody who was convicted of murder in the…