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BRUNO v. RUSHEN

No. 83-1742.

721 F.2d 1193 (1983)

Daniel L. BRUNO, Petitioner-Appellee, v. Ruth L. RUSHEN, Director, California Department of Corrections, and Paul J. Morris, Warden, California State Prison at Folsom, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1983.

Attorney(s) appearing for the Case

Dane R. Gillette, San Francisco, Cal., for respondents-appellants.

Michael S. McCormick, San Francisco, Cal., for petitioner-appellee.

Before CHOY and NORRIS, Circuit Judges, and NIELSEN, District Judge.

PER CURIAM:

I

Daniel L. Bruno was convicted in 1978 of first degree murder and his conviction was affirmed by the California courts. He thereafter petitioned the United States District Court for the Northern District of California for a writ of habeas corpus. He proceeded on two grounds. He charged first that his prosecutor had violated Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976) by unfairly disclosing...

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