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TAPIA v. ROE

No. 97-15295.

189 F.3d 1052 (1999)

John Robert TAPIA, Petitioner-Appellant, v. Ernest C. ROE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Donald Thomas Bergerson, San Francisco, California, for the petitioner-appellant.

Catherine A. Rivlin, Deputy Attorney General, San Francisco, California, for the respondent-appellee.

Before: LAY, PREGERSON, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

John Robert Tapia ("Tapia"), convicted in California state court of premeditated murder and second degree murder and serving a sentence of life without parole, appeals from the district court's denial of his petition for a writ of habeas corpus. We are asked to decide whether the giving of an erroneous aiding and abetting instruction, not reviewed for error on direct appeal in state court, is subject to review under the standard...

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