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NELSON v. McCARTHY

No. 79-2605.

637 F.2d 1291 (1980)

Raymond NELSON, Petitioner/Appellant, v. Daniel McCARTHY, Respondent/Appellee.

United States Court of Appeals, Ninth Circuit.

November 28, 1980.

Attorney(s) appearing for the Case

Barry J. Portman, San Francisco, Cal., for petitioner/appellant.

Richard G. Tullis, San Francisco, Cal., for respondent/appellee.

Before KILKENNY and POOLE, Circuit Judges, and CALLISTER, District Judge.

CALLISTER, District Judge:

This appeal arises from the denial of a petition for a writ of habeas corpus filed by the petitioner, Raymond Leroy Nelson. In March of 1974, petitioner was charged by information in Santa Clara County with counts of first degree murder, commission of a felony while armed, and possession of a sawed-off shotgun, in the shooting death of his wife, Sharon Nelson. In May of 1974, a jury found the petitioner guilty of all counts and he was sentenced...

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