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MARINO v. VASQUEZ

Nos. 86-6244, 86-6333.

812 F.2d 499 (1987)

Salvatore Joseph MARINO, Petitioner-Appellee, v. Dan VASQUEZ, Warden, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1987.

Attorney(s) appearing for the Case

Thomas V. Johnston, Encino, Cal., and James McKittrick, Eureka, Cal., for the petitioner-appellee.

Patrick T. Brooks, Los Angeles, Cal., for the respondents-appellants.

Before FERGUSON, BOOCHEVER and WIGGINS, Circuit Judges.

FERGUSON, Circuit Judge:

This is an appeal by the State of California ("State") from a judgment of the Central District of California granting a conditional writ of habeas corpus to the petitioner, Salvatore Marino. The district court granted relief on the grounds that jury misconduct violated Marino's right to a fair trial under the Sixth and Fourteenth Amendments. The State also appeals the district court's order granting Marino bail pending the State's appeal....

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