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VANSICKEL v. WHITE

No. 97-17143.

166 F.3d 953 (1999)

Michael Edward VANSICKEL, Petitioner-Appellant, v. Theo WHITE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1999.

Attorney(s) appearing for the Case

Connie Marie Alvarez, Federal Public Defender, Sacramento, California, for petitioner-appellant.

Patrick J. Whalen, Deputy Attorney General, Sacramento, California, for respondent-appellee.

Before: REINHARDT, NOONAN and THOMPSON, Circuit Judges.

Opinion by Judge THOMPSON; Dissent by Judge REINHARDT.

DAVID R. THOMPSON, Circuit Judge:

Michael Edward Vansickel appeals the judgment of the district court denying his habeas petition under 28 U.S.C. § 2254. Vansickel was tried and convicted of first degree murder with the special circumstance of lying in wait. During jury selection, he was erroneously denied half of his peremptory challenges, but he failed to contemporaneously object.

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