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ACOSTA-HUERTA v. ESTELLE

No. 90-56283.

7 F.3d 139 (1992)

Jesse ACOSTA-HUERTA, Petitioner-Appellant, v. Wayne ESTELLE, Warden, California Men's Colony, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1992.

Amended Opinion filed October 8, 1993.

Attorney(s) appearing for the Case

Jesse Acosta-Huerta, pro per.

Peter Quon, Jr., Deputy Atty. Gen., San Diego, CA, for respondent-appellee.

Before: FARRIS, NOONAN, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Jesse Acosta-Huerta, proceeding pro se, filed a petition for writ of habeas corpus in federal district court. In his petition, Acosta-Huerta alleges a violation of his Sixth Amendment right to confront an adverse witness when a sworn deposition was read into evidence after the state trial court declared the witness to be "unavailable." Additional allegations of error in the state proceeding include failure to sever the trial and failure to grant...

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