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LEWIS v. BORG

No. 88-15755.

879 F.2d 697 (1989)

Danny LEWIS, Petitioner/Appellant, v. Robert G. BORG, Respondent/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1989.

Attorney(s) appearing for the Case

Danny Lewis, Represa, Cal., for petitioner/appellant.

David Lew, Deputy Atty. Gen., Atty. Generals Office, San Francisco, Cal., for respondent/appellee.

Before BROWNING, PREGERSON and THOMPSON, Circuit Judges.

PER CURIAM:

Danny Lee Lewis appeals the district court's denial of his petition for writ of habeas corpus. The district court found that Lewis was in default of state procedure because he failed to raise his claim of prosecutorial misconduct on direct appeal to the California Court of Appeal. The district court then denied Lewis' petition because he failed to demonstrate cause and prejudice under the Wainwright v. Sykes standard. See Murray v. Carrier,<...

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