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MADERA v. RISLEY

No. 88-4096.

885 F.2d 646 (1989)

David MADERA, Petitioner-Appellant, v. Henry RISLEY, Warden, Montana State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1989.

Attorney(s) appearing for the Case

John C. Schulte, Worden, Thane & Haines, Missoula, Mont., for petitioner-appellant.

Robert F.W. Smith, Asst. Atty. Gen., Helena, Mont., for respondent-appellee.

Before FARRIS, NOONAN, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

David A. Madera appeals the district court's denial of his petition for a writ of habeas corpus. Madera contends he has sustained a due process violation because the district court's reconstruction of unrecorded portions of Madera's state trial did not serve as a record from which Madera could effectively appeal. Madera also contends that he received ineffective assistance of counsel when his trial attorney waived recording of portions of the...

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