Court of Appeals for the Ninth Circuit November 20, 2003, 01-99018 (Fernando Belmontes, Jr. v. Jeanne S. Woodford, Warden, for the California State Prison at San Quentin)

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN

ORDER

The opinion and dissent filed on July 15, 2003 is hereby amended. The clerk shall file the amended opinion and dissent.

OPINION

REINHARDT, Circuit Judge.

In this pre-AEDPA death penalty case, Petitioner Fernando Belmontes, Jr.