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FRANKLIN v. HENRY

No. 96-16320.

122 F.3d 1270 (1997)

Leon Richard FRANKLIN, Petitioner-Appellant, v. Ivalee HENRY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1997.

Attorney(s) appearing for the Case

Michael A. Kresser, Santa Clara, California, for petitioner-appellant.

George Williamson, Ronald A. Bass, Ronald S. Matthias, Richard Rochman, Attorney General's Office, San Francisco, California, for respondent-appellee.

Before: JOHN T. NOONAN, Jr. and O'SCANNLAIN, Circuit Judges, and RHOADES, District Judge.

Opinion by Judge NOONAN; Concurrence by Judge O'SCANNLAIN.

NOONAN, Circuit Judge:

Leon "Jamal" Franklin appeals the denial by the district court of his petition for habeas corpus after his conviction in the Santa Clara Superior Court of violation of California Penal Code §§ 288.5(a) and 1203.066(a)(8). Holding that Franklin was denied due process of law by the exclusion of evidence vital to his case, we reverse the district court.

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