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DYER v. CALDERON

No. 95-99002.

151 F.3d 970 (1998)

Alfred R. DYER, Petitioner-Appellant, v. Arthur CALDERON, Warden, of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1998.

Attorney(s) appearing for the Case

Jon B. Streeter, Orrick, Herrington & Sutcliffe, San Francisco, California, for petitioner-appellant.

Dane R. Gillette, Deputy Attorney General, San Francisco, California, for respondent-appellee.

Before: HUG, Chief Judge, and BROWNING, FLETCHER, PREGERSON, REINHARDT, BRUNETTI, KOZINSKI, THOMPSON, O'SCANNLAIN, T.G. NELSON and KLEINFELD, Circuit Judges.

Opinion by Judge KOZINSKI; Dissent by Judge BRUNETTI; Dissent by Judge O'SCANNLAIN.

KOZINSKI, Circuit Judge:

Petitioner was convicted of murder and sentenced to death. We consider whether he was denied a fair trial because one of the jurors obtained her seat by lying during voir dire.

I

In 1980 Alfred Dyer and two friends took four hostages and drove them into the remote hills overlooking Oakland, California. They ordered the hostages out...

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