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LAWSON v. BORG

No. 95-15062.

60 F.3d 608 (1995)

Steven Ray LAWSON, Petitioner-Appellee, v. Robert G. BORG, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1995.

Attorney(s) appearing for the Case

Thomas Y. Shigemoto, Deputy Atty. Gen., Sacramento, CA, for respondent-appellant.

Dennis P. Riordan, Riordan & Rosenthal, San Francisco, CA, for petitioner-appellee.

Before: TANG, SCHROEDER and TROTT, Circuit Judges.

Opinion by Judge SCHROEDER; Dissent by Judge TROTT

SCHROEDER, Circuit Judge:

Robert Borg, warden of the Folsom State Prison, appeals the district court's judgment granting California state prisoner Steven Ray Lawson's 28 U.S.C. § 2254 habeas petition challenging his conviction for first degree murder. Borg argues the grant of habeas should be reversed because (1) the district court should not have held an evidentiary hearing on Lawson's juror misconduct...

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