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HILLERY v. PULLEY

No. 83-2017.

733 F.2d 644 (1984)

Booker T. HILLERY, Jr., Petitioner-Appellee, v. Reginald PULLEY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1984.

Attorney(s) appearing for the Case

Clifford Tedmon, Sacramento, Cal., for petitioner-appellee.

Willard F. Jones, William George Prahl, Deputy Attys. Gen., Sacramento, Cal., for respondent-appellant.

Before ANDERSON and SCHROEDER, Circuit Judges, and EAST, District Judge.

In this matter, petitioner Booker T. Hillery, Jr., successfully challenged the constitutionality of his 1962 Kings County Superior Court judgment of conviction and sentence for the stabbing murder of a fifteen-year-old girl, in violation of California Penal Code § 187, by applying for a writ of habeas corpus in the District Court. The District Court granted the writ upon concluding that petitioner's conviction resulted from a denial of equal protection because black...

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