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MASSIE v. HENNESSEY

No. 88-1574.

875 F.2d 1386 (1989)

Robert L. MASSIE, Petitioner-Appellant, v. Michael HENNESSEY; State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 23, 1989.

Attorney(s) appearing for the Case

Robert R. Bryan and Thomas W. Jackson, San Francisco, Cal., for petitioner-appellant.

Gerald Engler, Deputy Atty. Gen. of the State of Cal., San Francisco, Cal., for respondents-appellees.

Before BRUNETTI and LEAVY, Circuit Judges, and CURTIS, District Judge.

LEAVY, Circuit Judge:

FACTS

Against the advice of his counsel, petitioner Robert Lee Massie pleaded guilty to robbery and first degree murder. The trial judge accepted Massie's plea and sentenced him to death.

Both the conviction and sentence were automatically appealed to the California Supreme Court, pursuant to California Penal Code § 1239(b) (West 1982) (amended 1989).1 Massie moved the state court to dismiss...

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