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SANTAMARIA v. HORSLEY

No. 95-16991.

133 F.3d 1242 (1998)

Jose Napolean SANTAMARIA, Plaintiff-Appellee, v. Don HORSLEY, Sheriff, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 16, 1998.

Attorney(s) appearing for the Case

Joan Killeen, Supervising Deputy Attorney General, San Francisco, California, for defendant-appellant.

Lawrence A. Gibbs, Grossman & Gibbs, Berkeley, California, for plaintiff-appellee.

Before: BROWNING, WALLACE, PREGERSON, KOZINSKI, THOMPSON, TROTT, FERNANDEZ, RYMER, KLEINFELD, HAWKINS and THOMAS, Circuit Judges.

Argued and Submitted En Banc September 26, 1997.

Opinion by Judge WALLACE; Concurrence by Judge FERNANDEZ; Concurrence by Judge RYMER; Concurrence by Judge KOZINSKI; Dissent by Judge PREGERSON.

WALLACE, Circuit Judge:

Sheriff Don Horsley of San Mateo County, California, (State) appeals from the district court's issuance of a writ of habeas corpus in favor of Jose Napolean Santamaria. The district court had jurisdiction under 28 U.S.C. § 2254....

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