MATA v. SUMNER

No. 78-2636.

696 F.2d 1244 (1983)

Robert MATA, Petitioner-Appellant, v. George W. SUMNER, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 20, 1983.


Attorney(s) appearing for the Case

Jamie Jacobs-May, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before ELY and SNEED, Circuit Judges, and TAKASUGI, District Judge.


ELY, Circuit Judge:

Robert Mata appeals from the District Court's denial of his Petition for Writ of Habeas Corpus. The Petition followed Mata's murder conviction in California state court and his exhaustion of all available state court remedies. We reverse.

I.

In this opinion we endeavor for the third time to set forth the factual and legal bases for our firm conclusion that impermissibly suggestive pretrial photographic identification procedures...

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