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MATA v. SUMNER

No. 78-2636.

611 F.2d 754 (1979)

Robert MATA, Petitioner-Appellant, v. George SUMNER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 31, 1980.

Attorney(s) appearing for the Case

Leonard D. Stein, San Francisco, Cal., argued for petitioner-appellant; Dennis P. Riordan, San Francisco, Cal., on brief.

Jamie Jacobs-May, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before ELY and SNEED, Circuit Judges, and TAKASUGI, District Judge.

ELY, Circuit Judge:

Robert Mata ("appellant") appeals from the District Court's denial of his Petition for Writ of Habeas Corpus. The Petition followed the appellant's conviction of murder in a California state court and his exhaustion of all available state court remedies.

We reverse the District Court's Order upon the basis of our conclusion that state authorities violated rights given to the appellant by the federal Constitution. First, the pre-trial photographic...

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