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HENRY v. KERNAN

No. 98-15768.

197 F.3d 1021 (1999)

Bobby HENRY, Petitioner-Appellant, v. Peggy KERNAN, Warden; Daniel E. Lungren, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 1999.

Amended October 25, 1999.

Attorney(s) appearing for the Case

Connie M. Alvarez, Assistant Federal Defender, Sacramento, California, for the petitioner-appellant.

Gregory W. Baugher, Assistant Attorney General, Sacramento, California, for the respondents-appellees.

Before: SNEED, TASHIMA, and SILVERMAN, Circuit Judges.

ORDER

The opinion filed May 26, 1999, is amended as follows:

On slip opinion page 5056, following the second full paragraph (177 F.3d at at 1158, following the first full paragraph, left-hand column), immediately preceding Part II.B, add the following four (4) paragraphs:

The State contends, as its fallback position, that Henry's post-Miranda statements did not lose their voluntariness until after...

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