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BAYLOR v. ESTELLE

No. 95-56124.

94 F.3d 1321 (1996)

Ronnie Earl BAYLOR, Petitioner-Appellee, v. Wayne ESTELLE, Warden; Attorney General of the State of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 5, 1996.

Resubmitted July 26, 1996.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Alene M. Games, Deputy Attorney General, Los Angeles, California, for respondents-appellants.

Seymour I. Cohen, Torrance, California, for petitioner-appellee.

Before: BRUNETTI and RYMER, Circuit Judges, and TANNER, District Judge.

RYMER, Circuit Judge:

Ronnie Earl Baylor's trial counsel failed to follow-up on a criminalist's report that concluded that a semen sample taken from one of the victims he was convicted of sexually assaulting might not have come from Baylor. Baylor's petition for writ of habeas corpus filed in the California Supreme Court, which raised ineffective assistance of counsel, was denied without citation to authority; his federal petition pursuant to 28 U.S.C. § 2254...

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