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HENRY v. ESTELLE

No. 91-55691.

993 F.2d 1423 (1993)

Robert E. HENRY, Petitioner-Appellee, v. Wayne ESTELLE, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1993.

Attorney(s) appearing for the Case

Everett B. Clary, O'Melveny & Myers, Los Angeles, CA, for petitioner-appellee.

David F. Glassman, Deputy Atty. Gen., Los Angeles, CA, for respondent-appellant.

Before: FLETCHER, D.W. NELSON, and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

This is an appeal from a grant of habeas corpus by the United States District Court for the Central District of California. Petitioner Robert Henry contends that he was denied due process at his trial for child molestation because evidence of an uncharged crime was erroneously admitted and then followed by a jury instruction emphasizing that same evidence. The district court found that Henry had exhausted his state remedies and that the testimony...

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