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HEGLER v. BORG

No. 94-55450.

50 F.3d 1472 (1995)

James Edward HEGLER, Petitioner-Appellant, v. Robert G. BORG, Warden; Dan Lungren, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1995.

Attorney(s) appearing for the Case

Charles G. Bakaly, III, Morgan, Lewis & Bockius, Los Angeles, CA, for petitioner-appellant.

Frederick C. Grab, Deputy Atty. Gen., Los Angeles, CA, for respondents-appellees.

Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges.

TROTT, Circuit Judge.

OVERVIEW

California state prisoner James Edward Hegler appeals the district court's decision to dismiss his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his conviction and sentence for murder. Hegler contends the district court erred by treating the violation of his derivative Sixth Amendment constitutional right to be present at the reading of trial testimony to the jury during deliberations as a harmless "trial...

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