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FIELDS v. CALDERON

No. 96-99014.

125 F.3d 757 (1997)

Stevie Lamar FIELDS, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1997.

Attorney(s) appearing for the Case

David S. Olson, Carlsmith, Ball, Wichman, Case, & Ichiki, Los Angeles, California, for petitioner-appellant.

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

Before: PREGERSON, WIGGINS, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

Stevie Lamar Fields ("Fields") appeals the district court's order granting Warden Calderon's ("the State's") motion to dismiss eleven claims contained in Fields' second amended federal petition for writ of habeas corpus because they were declared procedurally defaulted by the California Supreme Court. We have jurisdiction under 28 U.S.C. § 1292(b). We vacate and remand.

PROCEDURAL HISTORY

In 1979, Fields was convicted...

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