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HOVEY v. AYERS

No. 03-99001.

458 F.3d 892 (2006)

Richard Adams HOVEY, Petitioner-Appellant, v. Robert L. AYERS, Jr., Acting Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 4, 2005.

Reargued October 27, 2005.

Resubmitted August 4, 2006.

Filed August 11, 2006.

Attorney(s) appearing for the Case

William Bennett Turner, Rogers Joseph O'Donnell & Phillips, San Francisco, CA, for the petitioner-appellant.

Seth K. Schalit, Supervising Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before KIM McLANE WARDLAW, RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

WARDLAW, Circuit Judge.

Richard Hovey appeals the district court's denial of his petition for a writ of habeas corpus. He seeks relief from his 1982 conviction and sentence of death for first degree murder during the course of a kidnapping. He asserts that more than a dozen errors infected his trial, principally: denial of the due process right to be present at a mid-trial hearing on his attorney's competence; ineffective...

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