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MORALES v. CALIFORNIA DEPT. OF CORRECTIONS

No. 92-56262.

16 F.3d 1001 (1994)

Jose Ramon MORALES, a/k/a Pablo Jose Ramon Morales, Petitioner-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS; E.R. Meyers, Warden; Attorney General of the State of California; Board of Prison Terms, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred July 19, 1993.

Resubmitted December 7, 1993.

Decided February 9, 1994.

Attorney(s) appearing for the Case

Jose R. Morales, pro per, petitioner-appellant.

Robin M. Miller, Deputy Attorney General, Los Angeles, California, for the respondent-appellee.

Before: FLOYD R. GIBSON, HALL, and KLEINFELD, Circuit Judges.

FLOYD R. GIBSON, Senior Circuit Judge:

Jose Morales appeals the district court's denial of his petition for a writ of habeas corpus. We affirm in part and reverse in part.

I. BACKGROUND

In 1971, Morales was convicted for the first degree murder of his girlfriend. When she was found, it was discovered that her thumb had been cut off. After being transferred to a half-way house in April 1980, he married a woman who had visited him during his incarceration...

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