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HAYES v. BROWN

No. 99-99030.

399 F.3d 972 (2005)

Blufford HAYES, Jr., Petitioner-Appellant, v. Jill BROWN, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted June 14, 2002.

Filed August 26, 2002.

Opinion Vacated and Rehearing Granted August 26, 2004.

Argued and Re-submitted October 12, 2004.

Filed March 7, 2005.

Attorney(s) appearing for the Case

David A. Senior, McBreen & Senior, Los Angeles, CA, argued the cause for the petitioner-appellant; Kathleen T. Saenz, McBreen & Senior, Los Angeles, CA, was on the briefs.

Mathew Chan, Deputy Attorney General, Sacramento, CA, argued the cause for the respondent-appellee; Bill Lockyer, Attorney General, Robert Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Arnold O. Overoye, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, and Carlos A. Martinez, Supervising Deputy Attorney General, were on the brief.

Before: SCHROEDER, Chief Judge, and KLEINFELD, THOMAS, GRABER, WARDLAW, W. FLETCHER, FISHER, GOULD, PAEZ, TALLMAN, and BYBEE, Circuit Judges.

Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge TALLMAN.

Opinion Vacated and Rehearing En Banc Granted August 26, 2004.

Argued and Re-submitted En Banc October 12, 2004.

THOMAS, Circuit Judge:

In this case, we consider whether a prosecutor's knowing presentation of false evidence and failure to correct the record violate a criminal defendant's due process rights. We conclude that such actions violate due process, and...

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