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TOOLATE v. BORG

No. 86-15074.

828 F.2d 571 (1987)

Marvin Leslie TOOLATE, Petitioner-Appellant, v. Robert BORG, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1987.

Attorney(s) appearing for the Case

Michael Satris, Bolinas, Cal., for petitioner-appellant.

David Salmon, San Francisco, Cal., for respondent-appellee.

Before CHOY, SNEED and TANG, Circuit Judges.

SNEED, Circuit Judge:

Marvin Toolate, convicted of murder in the first degree, petitions for habeas corpus on Confrontation Clause grounds. His codefendant Fraser testified at trial but refused to allow Toolate to cross-examine him. The state trial court struck Fraser's testimony, instructing the jury to disregard it completely. The judge refused, however, to declare a mistrial.

The federal district court, on collateral...

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