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SPAIN v. RUSHEN

No. 86-2687.

883 F.2d 712 (1989)

Johnny SPAIN, Petitioner-Appellee, v. Ruth L. RUSHEN, Director, California Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission November 18, 1988.

Resubmitted December 22, 1988.

Decided August 22, 1989.

Attorney(s) appearing for the Case

Ronald E. Niver and John H. Sugiyama, San Francisco, Cal., for respondent-appellant.

Dennis Riordan, Riordan & Rosenthal, San Francisco, Cal., for petitioner-appellee.

Before HALL, KOZINSKI and NOONAN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Ruth Rushen, Director of the California Department of Corrections, appeals from the district court's grant of a writ of habeas corpus to Johnny Spain. Rushen contends that the district court erred in determining that the state trial court violated Spain's constitutional rights by shackling Spain during his criminal trial. We affirm.

I

In 1971, Johnny Spain was imprisoned in San Quentin Prison and was a member...

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