BRIGGS v. RAINES

No. 80-5231.

652 F.2d 862 (1981)

Richard BRIGGS, Jr., Petitioner-Appellant, v. Robert R. RAINES, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1981.

As Amended on Denial of Rehearing October 1, 1981.


Attorney(s) appearing for the Case

W. Robert Kohorst, Agnew, Miller & Carlson, Los Angeles, Cal., for petitioner-appellant.

William Schafer, Asst. Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before BROWNING, Chief Judge, and PREGERSON and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

Richard Briggs brought a habeas corpus petition challenging his state conviction for second-degree murder. Briggs contended that the prosecution's failure to turn over to him the victim's FBI "rap sheet" after a specific request violated due process. The district court denied the petition. We find that Briggs has exhausted his state remedies and remand to the district court for an evidentiary hearing to determine whether the victim's FBI...

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