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BELL v. HILL

No. 98-55323.

190 F.3d 1089 (1999)

Eddie B. BELL, Petitioner-Appellee, v. Don R. HILL, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1999.

Attorney(s) appearing for the Case

Jerald L. Brainin, Los Angeles, California, for appellee Bell.

Paul C. Ament, DAG, Los Angeles, California, for the appellant.

Before: BRUNETTI, RYMER, and SILVERMAN, Circuit Judges.

Opinion by Judge BRUNETTI; Dissent by Judge RYMER.

BRUNETTI, Circuit Judge:

Don Hill ("Hill"), warden of the California State Prison at Tehachapi, appeals from the district court's order granting Eddie Bell ("Bell") a writ of habeas corpus unless the State of California schedules a motion for new trial with appointed counsel or a new trial. We have jurisdiction pursuant to 28 U.S.C. § 1291, review the district court's order de novo, see Eslaminia v...

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