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McKINNEY v. REES

No. 89-55869.

993 F.2d 1378 (1993)

Michael Sheridan McKINNEY, Petitioner-Appellee, v. Robert M. REES, Superintendent of Deuel Vocation Institution, and Attorney General of the State of California, John K. Van De Kamp, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended June 10, 1993.

Attorney(s) appearing for the Case

Robert S. Henry, Deputy Atty. Gen., Los Angeles, CA, for respondents-appellants.

Charles D. Weisselberg, Dennis E. Curtis, Michael Brennan, Mary Ann Soden (Law Student) and Robert Odson (Law Student), Post-Conviction Justice Project, University of Southern California Law Center, Los Angeles, CA, for petitioner-appellee.

Joseph A. Burns, Dist. Attys Office, San Bernardino, CA, for amicus.

Before: BROWNING and PREGERSON, Circuit Judges, and ORRICK, Senior District Judge.

ORRICK, Senior District Judge:

Respondents-Appellants, Robert M. Rees, Superintendent of Deuel Vocational Institution, and John K. Van de Kamp, then Attorney General of the State of California ("State"), appealed the conditional grant of a writ of habeas corpus to Michael Sheridan McKinney entered by the United States District Court for the Central District of California. We affirmed in our Memorandum filed September 5, 1990. The Supreme Court of the United...

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