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MAXWELL v. SUMNER

No. 81-5349.

673 F.2d 1031 (1982)

Anthony Paul MAXWELL, Petitioner-Appellee, v. G. W. SUMNER, Warden, San Quentin Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1982.

As Amended on Denial of Rehearing and Rehearing April 21, 1982.

Attorney(s) appearing for the Case

Sandy R. Kreigler, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellant.

Joseph Shemaria, Beverly Hills, Cal., for petitioner-appellee.

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

As Amended on Denial of Rehearing and Rehearing En Banc April 21, 1982.

NORRIS, Circuit Judge:

This is an appeal by the Warden of San Quentin prison from an order of the district court granting appellee Anthony Paul Maxwell's petition for writ of habeas corpus.

In July, 1975, Maxwell was convicted in California of robbery and assault with a deadly weapon. Maxwell appealed his conviction to the California Court of Appeal, claiming, inter alia,

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