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NUNNEMAKER v. YLST

No. 89-15050.

904 F.2d 473 (1990)

Owen Duane NUNNEMAKER, Petitioner-Appellant, v. Eddie S. YLST, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1990.

As Amended on Denial of Rehearing and Rejection of Rehearing May 25, 1990.

Attorney(s) appearing for the Case

Juliana Drous, San Francisco, Cal., for petitioner-appellant.

Ronald E. Niver, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.

As Amended on Denial of Rehearing and Rejection of Rehearing En Banc May 25, 1990.

PREGERSON, Circuit Judge:

Owen Duane Nunnemaker, a California state prisoner, appeals the district court's dismissal of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. A California jury convicted Nunnemaker of first degree murder under Cal.Penal Code § 187. At trial, a psychiatrist called by the state prosecutor gave testimony on statements made...

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