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GOMEZ v. GARCIA

No. 95-55512.

81 F.3d 95 (1996)

Elkin Jesus GOMEZ, Petitioner-Appellee, v. Rosie B. GARCIA, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1996.

As Amended on Denial of Rehearing June 28, 1996.

Attorney(s) appearing for the Case

George Williamson, Carl Wendelin Pollock, Marc E. Turchin, and Simon Silva, Deputy Attorney Generals, Los Angeles, California, for respondent-appellant.

Paula C. Greenspan, Merilee Marshall & Associates, Los Angeles, California, for petitioner-appellee.

Before: BEEZER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges.

OPINION

NOONAN, Circuit Judge:

Rosie B. Garcia, Warden, appeals the qualified grant of habeas corpus by the district court to Elkin Jesus Gomez, a prisoner of the state of California. The district court adopted the report of a magistrate judge that Gomez had been denied the right of counsel on appeal because his counsel represented a codefendant whose interest was in conflict with that of Gomez. The district court accordingly discharged Gomez "from all adverse...

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