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MENENDEZ v. TERHUNE

Nos. 03-55863, 03-56023.

422 F.3d 1012 (2005)

Lyle MENENDEZ, Petitioner-Appellant, v. C.A. TERHUNE, in his capacity as head of the California Department of Corrections, Respondent-Appellee. Erik Galen Menendez, Petitioner-Appellant, v. Glen A. Mueller; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2005.

Attorney(s) appearing for the Case

Cliff Gardner, San Francisco, CA, for the petitioner-appellant.

Lawrence A. Gibbs, Berkeley, CA, for the petitioner-appellant.

Kenneth C. Byrne, Supervising Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before: KOZINSKI, TROTT, and CLIFTON, Circuit Judges.

OPINION

TROTT, Circuit Judge.

INTRODUCTION

In this consolidated appeal, Lyle and Erik Menendez1 appeal the district court's denial of their petitions for habeas corpus. Pursuant to 28 U.S.C. § 2253(c), we granted a certificate of appealability on five issues: (1) whether the admission of a tape-recorded session between Petitioners and their therapist violated Petitioners' constitutional due process rights as elaborated...

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