arthur
calderon
warden
thomas
thompson
argued
december
decided
april
held
courts
appeals
inherent
power
recall
mandates
subject
review
abuse
discretion
hawaii
housing
authority
midkiff
ehnquist
chambers
power
last
resort
held
reserve
grave
unforeseen
circumstances
ninth
circuit
recall
decision
rests
doubtful
grounds
even
en
banc
process
somehow
malfunctioned
compounded
error
delaying
action
four
months
alleged
misunderstandings
occurred
promptness
acts
correct
mistakes
evidence
adequacy
grounds
reopening
case
two
days
scheduled
execution
recalled
judgment
state
mention
placed
heavy
reliance
answer
assert
delayed
action
interests
comity
considered
state
interest
resolving
thompson
fourth
habeas
petition
vital
interests
california
executive
branch
pp
recall
consistent
letter
antiterrorism
effective
death
penalty
act
aedpa
sets
limits
successive
federal
habeas
applications
since
specific
recitation
acted
exclusive
basis
thompson
first
federal
petition
disproved
consideration
matters
presented
later
filing
deemed
acted
first
rather
successive
application
although
aedpa
terms
govern
case
appeals
must
exercise
discretion
manner
consistent
objects
statute
habeas
case
must
guided
general
principles
underlying
habeas
jurisprudence
pp
recall
grave
abuse
discretion
pp
profound
societal
costs
attend
exercise
habeas
jurisdiction
smith
murray
make
necessary
impose
significant
limits
federal
courts
discretion
grant
habeas
relief
limits
reflect
enduring
respect
state
interest
finality
convictions
survived
direct
review
brecht
abrahamson
finality
essential
criminal
law
retributive
deterrent
functions
enhances
quality
judging
also
serves
preserve
federal
balance
state
power
pass
laws
means
little
state
enforce
mccleskey
zant
state
finality
interests
compelling
federal
appeals
issues
mandate
denying
federal
habeas
relief
assurance
real
finality
state
execute
moral
judgment
victims
crime
move
forward
knowing
moral
judgment
carried
unsettling
expectations
inflicts
profound
injury
powerful
legitimate
interest
punishing
guilty
herrera
collins
onnor
concurring
interest
shared
state
crime
victims
alike
circumstances
prisoner
already
extensive
review
claims
federal
state
courts
absence
strong
showing
actual
innocence
state
interests
actual
finality
outweigh
prisoner
interest
obtaining
yet
another
opportunity
review
pp
unless
acts
avoid
miscarriage
justice
defined
habeas
jurisprudence
federal
appeals
abuses
discretion
sua
sponte
recalls
mandate
revisit
merits
earlier
decision
denying
habeas
relief
state
prisoner
standard
altogether
consistent
aedpa
central
concern
merits
concluded
criminal
proceedings
revisited
absence
strong
actual
innocence
showing
rules
applicable
cases
recalls
mandate
ensure
practice
limited
rare
extraordinary
case
moreover
like
applicable
habeas
standards
rule
objective
content
well
defined
case
law
familiar
federal
courts
mccleskey
pp
miscarriage
justice
standard
met
case
standard
concerned
actual
compared
legal
innocence
sawyer
whitley
credible
claim
must
based
reliable
evidence
presented
trial
schlup
delo
petitioner
asserting
actual
innocence
underlying
crime
must
show
likely
reasonable
juror
convicted
light
new
evidence
presented
habeas
petition
capital
petitioner
challenging
death
sentence
particular
must
show
clear
convincing
evidence
reasonable
juror
found
eligible
death
penalty
light
new
evidence
sawyer
supra
thompson
claims
fail
either
standard
record
first
federal
habeas
petition
governs
actual
innocence
claim
presents
little
evidence
undermine
trial
evidence
prosecution
presented
ample
evidence
showing
committed
rape
inconsistencies
devastating
neither
additional
evidence
presented
impeach
credibility
two
jailhouse
informants
pathologist
testimony
disputing
opinions
prosecution
trial
witnesses
meets
likely
showing
necessary
vacate
rape
conviction
much
less
clear
convincing
showing
necessary
vacate
death
sentence
basis
miscarriage
justice
finding
pp
reversed
remanded
kennedy
delivered
opinion
rehnquist
scalia
thomas
joined
souter
filed
dissenting
opinion
stevens
ginsburg
breyer
joined
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
arthur
calderon
warden
petitioner
thomas
thompson
writ
certiorari
appeals
ninth
circuit
april
justice
kennedy
delivered
opinion
thomas
thompson
convicted
california
state
rape
murder
ginger
fleischli
years
crime
years
thompson
conviction
years
thompson
filed
first
petition
federal
habeas
relief
appeals
ninth
circuit
issued
mandate
denying
writ
habeas
corpus
two
days
thompson
scheduled
execution
however
appeals
sitting
en
banc
recalled
mandate
granted
habeas
relief
thompson
case
presents
two
issues
first
whether
appeals
order
recalling
mandate
violated
supp
amended
antiterrorism
effective
death
penalty
act
aedpa
pub
stat
second
whether
order
abuse
discretion
recall
mandate
controlled
precise
terms
aedpa
save
order
hold
grave
abuse
discretion
thompson
met
old
victim
ginger
fleischli
summer
fleischli
shared
laguna
beach
studio
apartment
david
leitch
intermittent
sexual
relationship
august
year
fleischli
moved
thompson
moved
fleischli
took
residence
tracy
leitch
former
wife
david
leitch
september
fleischli
tracy
leitch
encountered
thompson
david
leitch
pizza
parlor
fleischli
told
tracy
leitch
afraid
thompson
might
kill
left
alone
group
later
went
bar
together
david
tracy
leitch
soon
departed
afshin
kashani
joined
thompson
fleischli
drinking
smoking
hashish
thompson
trio
went
second
bar
walking
thompson
apartment
around
fleischli
gone
nearby
liquor
store
buy
soda
thompson
told
kashani
wanted
sexual
intercourse
fleischli
night
assured
kashani
however
kashani
fleischli
thompson
david
leitch
left
thailand
smuggle
refugees
drugs
back
app
fleischli
returned
apartment
kashani
began
walking
truck
seems
left
local
bar
way
kashani
realized
forgotten
cigarettes
returned
apartment
thompson
met
door
thompson
appeared
nervous
made
kashani
wait
outside
thompson
retrieved
cigarettes
returning
truck
kashani
looked
fleischli
nearby
liquor
store
finding
went
home
tracy
leitch
visited
thompson
apartment
morning
september
asking
fleischli
lying
thompson
said
left
sandpiper
inn
kashani
night
party
evening
tracy
leitch
asked
thompson
fleischli
response
thompson
described
fleischli
past
tense
saying
liked
next
day
tracy
leitch
filed
missing
person
report
local
police
department
september
police
found
fleischli
body
buried
field
miles
apartment
shared
thompson
david
leitch
body
wrapped
rope
well
sleeping
bag
blanket
taken
apartment
fleischli
head
wrapped
duct
tape
two
towels
sheet
jacket
stabbed
five
times
head
near
right
ear
body
bruised
ankles
palms
left
wrist
right
wrist
crushed
fleischli
shirt
bra
cut
middle
pulled
elbows
restraining
arms
exposing
breasts
unbuttoned
jeans
underwear
shoes
socks
vaginal
swab
revealed
semen
consistent
thompson
blood
type
police
found
two
footprints
near
body
one
smooth
one
wavy
pattern
matching
shoe
worn
david
leitch
fibers
blanket
around
body
identical
fibers
found
trunk
david
leitch
car
rope
around
body
smeared
paint
car
trunk
fibers
matched
carpet
apartment
stained
fleischli
blood
around
day
police
found
body
thompson
david
leitch
went
mexico
leitch
returned
mexican
authorities
arrested
thompson
september
handcuffs
questioned
police
return
thompson
claimed
fleischli
left
apartment
kashani
night
murder
also
said
fleischli
stabbed
head
though
information
yet
made
public
claimed
sex
fleischli
later
asserted
engaged
consensual
sex
next
recount
lengthy
procedural
history
case
november
orange
county
superior
jury
convicted
thompson
murder
forcible
rape
fleischli
jury
made
special
finding
homicide
ginger
lorraine
fleischli
intentional
killing
personally
committed
defendant
thomas
martin
thompson
cal
jury
found
special
circumstance
murder
commission
rape
making
thompson
eligible
death
penalty
penalty
phase
proceedings
jury
unanimous
recommending
capital
sentence
trial
judge
imposed
later
trial
different
jury
found
david
leitch
guilty
murder
role
fleischli
slaying
april
california
unanimously
affirmed
thompson
rape
murder
convictions
jury
finding
rape
special
circumstance
also
affirmed
thompson
death
sentence
two
seven
justices
dissenting
dissenters
concurred
affirmance
murder
rape
convictions
rape
special
circumstance
asserted
jury
sentencing
recommendation
influenced
improper
manner
evidence
thompson
solicited
murder
david
leitch
id
thompson
petitioned
rehearing
denied
june
thompson
also
filed
petition
certiorari
denied
thompson
filed
first
state
habeas
petition
california
denied
march
thomp
son
filed
federal
habeas
petition
january
district
held
thompson
petition
abeyance
thompson
pursued
unexhausted
claims
state
january
california
denied
thompson
second
state
habeas
petition
february
california
denied
thompson
third
state
habeas
petition
november
district
central
district
california
held
evidentiary
hearing
claims
raised
thompson
federal
habeas
petition
order
dated
march
district
granted
habeas
relief
rape
conviction
rape
special
circumstance
denied
relief
murder
conviction
district
view
thompson
trial
attorney
rendered
ineffective
assistance
counsel
rape
charge
district
cited
two
failings
attorney
first
held
counsel
failed
contest
certain
conclusions
offered
state
forensic
expert
trial
second
determined
counsel
impeached
credibility
two
jailhouse
informants
greater
extent
district
view
failings
prejudiced
thompson
rule
strickland
washington
granted
relief
rape
special
circumstance
district
ruled
thompson
death
sentence
invalid
murder
conviction
district
rejected
thompson
claim
prejudiced
thompson
alleged
inconsistencies
prosecution
theories
trial
later
trial
david
leitch
read
transcripts
trials
found
trials
differed
mainly
emphasis
app
timing
later
federal
proceedings
critical
issues
resolve
june
unanimous
panel
appeals
reversed
district
grant
habeas
relief
rape
con
viction
rape
special
circumstance
affirmed
denial
habeas
relief
murder
conviction
reinstated
thompson
death
sentence
noting
state
presented
strong
evidence
rape
thompson
trial
held
irrespective
whether
performance
thompson
counsel
deficient
manner
thompson
alleged
thompson
demonstrate
prejudice
strickland
august
thompson
filed
petition
rehearing
suggestion
rehearing
en
banc
circulated
active
judge
see
appeals
ninth
circuit
general
orders
order
dated
march
original
panel
denied
petition
rejected
suggestion
observing
full
advised
suggestion
rehearing
en
banc
judge
active
service
requested
vote
rehear
matter
en
banc
app
order
panel
reissued
opinion
case
minor
changes
thompson
filed
petition
certiorari
denied
june
appeals
issued
mandate
denying
habeas
relief
thompson
case
june
response
state
california
scheduled
thompson
execution
august
thompson
filed
fourth
state
habeas
petition
july
alleged
david
leitch
stated
parole
hearing
witnessed
thompson
fleischli
engaged
appeared
consensual
intercourse
night
fleischli
murder
california
denied
petition
july
july
thompson
filed
motion
appeals
recall
mandate
denying
habeas
relief
following
day
thompson
filed
motion
district
relief
judgment
pursuant
federal
rule
civil
procedure
support
motions
thompson
cited
leitch
alleged
statement
seen
thompson
fleischli
engaged
consensual
sex
district
denied
thompson
rule
motion
july
construed
motion
successive
petition
amended
aedpa
ruling
thompson
must
permitted
utilize
rule
motion
make
around
requirements
aedpa
app
observed
alleged
new
statement
leitch
conflicted
thompson
account
specifics
encounter
fleischli
physical
evidence
case
previous
stories
told
leitch
thus
held
thompson
certainly
make
requisite
showing
actually
innocent
execution
miscarriage
justice
id
appeals
denied
thompson
motion
recall
mandate
july
two
days
later
however
full
voted
consider
en
banc
whether
recall
earlier
mandate
consider
whether
panel
decision
result
fundamental
miscarriage
justice
scheduled
oral
argument
question
august
four
days
thompson
scheduled
execution
meanwhile
july
governor
california
held
hearing
whether
grant
clemency
thompson
addition
arguments
presented
thompson
attorneys
hearing
governor
reviewed
materials
submitted
thompson
behalf
petition
letters
signed
supporters
clemency
submissions
orange
county
district
attorney
letters
trial
judge
concerning
clemency
opinions
thompson
case
materials
recommendation
provided
board
prison
terms
app
brief
criminal
justice
legal
foundation
amicus
curiae
decision
governor
pete
wilson
comprehensive
decision
dated
july
governor
found
thompson
ha
remotely
approached
making
showing
innocence
rape
murder
governor
agreed
view
judge
presided
thompson
trial
absolute
tragedy
travesty
justice
even
seriously
consider
clemency
case
ibid
internal
quotation
marks
omitted
clemency
denied
two
days
thompson
executed
divided
en
banc
panel
appeals
recalled
mandate
june
action
came
days
mandate
issued
almost
full
year
thompson
filed
suggestion
rehearing
en
banc
appeals
asserted
recall
mandate
basis
thompson
later
motion
recall
sua
sponte
basis
claims
evidence
presented
thompson
first
federal
habeas
petition
thus
said
recall
mandate
predicated
new
evidence
claims
thompson
raises
motion
recall
mandate
stated
considered
whether
recall
mandate
sooner
chosen
wait
conclusion
thompson
state
proceedings
taking
action
presented
two
bases
recalling
earlier
mandate
first
asserted
absent
certain
procedural
misunderstandings
within
called
en
banc
review
underlying
decision
issuing
mandate
denying
relief
procedural
misunderstandings
included
mishandled
law
clerk
transition
one
judge
chambers
failure
another
judge
notice
original
panel
issued
opinion
case
kozinski
dissenting
second
en
banc
asserted
decision
original
panel
lead
miscarriage
justice
recalled
mandate
thompson
case
en
banc
went
address
merits
first
federal
habeas
petition
held
thompson
trial
counsel
provided
ineffective
assistance
rape
charge
rape
special
circumstance
defendant
prejudice
plurality
granted
habeas
relief
additional
ground
inconsistent
theories
prosecution
trial
later
trial
david
leitch
majority
made
effort
determine
whether
thompson
actually
innocent
rape
murder
fleischli
nonetheless
affirmed
district
grant
writ
rape
conviction
rape
special
circumstance
vacated
thompson
death
sentence
remand
ed
question
murder
conviction
district
initial
consideration
light
vacatur
rape
conviction
thus
almost
years
fleischli
murder
ninth
circuit
directed
district
enter
partial
writ
unless
state
elects
retry
thompson
within
reasonable
time
ibid
four
judges
dissented
judge
hall
argued
majority
decision
allowed
thompson
evade
aedpa
restrictions
successive
petitions
judge
kozinski
detailed
circumstances
led
majority
find
en
banc
process
malfunctioned
asserted
contrary
majority
conclusion
en
banc
process
operated
supposed
third
dissenting
opinion
judge
kleinfeld
recited
detail
evidence
thompson
guilt
rape
within
hours
appeals
order
recalling
mandate
state
california
filed
second
petition
writ
mandamus
construed
petition
certiorari
granted
petition
reverse
ii
although
justices
expressed
doubt
point
see
ohio
power
harlan
dissenting
courts
appeals
recognized
inherent
power
recall
mandates
subject
review
abuse
discretion
hawaii
housing
authority
midkiff
rehnquist
chambers
see
also
glass
light
profound
interests
repose
attaching
mandate
appeals
however
power
exercised
extraordinary
circumstances
wright
miller
cooper
federal
practice
procedure
ed
sparing
use
power
demonstrates
one
last
resort
held
reserve
grave
unforeseen
contingencies
en
banc
majority
asserted
extraordinary
circumstances
justified
order
recalling
mandate
thompson
case
ut
procedural
misunderstandings
judges
en
banc
call
made
voted
upon
ordinary
time
noted
earlier
original
panel
issued
decision
denying
habeas
relief
june
thompson
filed
petition
rehearing
suggestion
rehearing
en
banc
august
january
panel
notified
full
intention
reject
suggestion
kozinski
dissenting
panel
reissued
earlier
opinion
minor
revisions
march
march
order
panel
also
denied
thompson
petition
rehearing
rejected
suggestion
rehearing
en
banc
panel
observed
although
full
advised
thompson
suggestion
judge
active
service
requested
vote
rehear
case
en
banc
within
time
specified
general
orders
ninth
circuit
app
appears
judge
kozinski
opinion
following
events
also
transpired
march
offpanel
judge
wrote
panel
requesting
opportunity
make
belated
call
vote
rehear
case
en
banc
judge
stated
panel
decision
circulated
shortly
law
clerk
transition
judge
chambers
old
new
law
clerks
assigned
case
failed
communicate
dissenting
opinion
another
judge
seconded
request
asked
panel
january
notice
intention
reject
suggestion
rehearing
en
banc
circulated
miss
ibid
author
panel
opinion
denied
request
belated
en
banc
call
explaining
requesting
judges
notified
two
months
earlier
panel
intention
reject
thompson
suggestion
circulated
every
active
judge
august
panel
stayed
issuance
mandate
pending
thompson
petition
certiorari
review
denied
thompson
petition
june
appeals
issued
mandate
june
according
en
banc
majority
sua
sponte
request
consider
en
banc
whether
recall
mandate
made
shortly
thereafter
even
mandate
spread
district
interests
comity
however
delayed
action
california
denied
thompson
fourth
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