ROBBINS v. SMITH

Nos. 95-56640, 96-55063.

152 F.3d 1062 (1997)

Lee ROBBINS, Petitioner-Appellee, v. George SMITH, Warden, California Department of Corrections, Respondent-Appellant. Lee ROBBINS, Petitioner-Appellant, v. George SMITH, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1997.

Amended August 13, 1998.


Attorney(s) appearing for the Case

Carol Frederick Jorstad, Deputy Attorney General, Los Angeles, California, for respondent-appellant-cross-appellee.

Elizabeth A. Newman and Ronald J. Nessim, Bird, Marella, Boxer, Wolpert & Matz, Los Angeles, California, for petitioner-appellee-cross-appellant.

Before: HUG, Chief Judge, PREGERSON and REINHARDT, Circuit Judges.


HUG, Chief Judge:

Robbins was convicted in California state court of second-degree murder and grand theft auto. His petition for habeas corpus alleges that his rights under the United States Constitution were violated because of constitutional errors in his trial and also because of ineffective assistance of counsel in his direct appeal. The district court held that Robbins was denied effective assistance of counsel on appeal because of the failure of his appointed...

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