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SANTAMARIA v. HORSLEY

No. 95-16991.

110 F.3d 1352 (1997)

Jose Napolean SANTAMARIA, Petitioner-Appellee, v. Don HORSLEY, Sheriff, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 22, 1996.

Resubmitted February 5, 1997.

Filed April 10, 1997.

Attorney(s) appearing for the Case

Joan Killeen, Deputy Attorney General, San Francisco, CA, for respondent-appellant.

Lawrence A. Gibbs, Grossman & Gibbs, Berkeley, CA, for petitioner-appellee.

Traci Huahn, Criminal Justice Legal Foundation, Sacramento, CA, for amicus curiae.

Before: WALLACE, SNEED and RYMER, Circuit Judges.

WALLACE, Circuit Judge:

Sheriff Don Horsley of San Mateo County, California, appeals from the district court's order granting Jose Napolean Santamaria's petition for writ of habeas corpus. The district court had jurisdiction under 28 U.S.C. § 2254. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

I

In February 1989, a jury found Santamaria guilty of murder and robbery, but found "not...

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