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CHIPMAN v. MERCER

No. 79-2621.

628 F.2d 528 (1980)

Herbert William CHIPMAN, Petitioner-Appellee, v. James MERCER, Chief Probation Officer, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Arthur G. Scotland, Sacramento, Cal., for respondent-appellant.

Gayle C. Guynup, Sacramento, Cal., for petitioner-appellee.

Before WRIGHT, KENNEDY and HUG, Circuit Judges.

KENNEDY, Circuit Judge:

Herbert Chipman was convicted of burglary in state court. Chipman's conviction was upheld by the Third District Court of Appeal of the State of California, and a petition for hearing was denied by the California Supreme Court. Chipman then filed a petition for writ of habeas corpus in the United States District Court for the Eastern District of California. The district court granted the petition on the ground that Chipman's sixth amendment...

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