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HINES v. ENOMOTO

No. 80-4311.

658 F.2d 667 (1981)

James Earl HINES, Petitioner-Appellant, v. J. J. ENOMOTO, Director, California Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1981.

Rehearing and Rehearing Denied November 30, 1981.

Attorney(s) appearing for the Case

Baron L. Miller, San Francisco, Cal., for petitioner-appellant.

Ronald E. Niver, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before ANDERSON and NORRIS, Circuit Judges, and TAKASUGI, District Judge.

Rehearing and Rehearing En Banc Denied November 30, 1981.

J. BLAINE ANDERSON, Circuit Judge:

James Earl Hines, currently incarcerated in a California state prison, appeals the judgment and order of the district court dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We affirm in part and reverse and remand in part for an evidentiary hearing.

I. BACKGROUND

Hines was convicted in 1976 in a California state...

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