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FICKLIN v. HATCHER

No. 98-15025.

177 F.3d 1147 (1999)

Bennie Morgan FICKLIN, Petitioner-Appellant, v. Sherman HATCHER; Frankie Sue Del Papa, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 1999.

Attorney(s) appearing for the Case

John C. Lambrose, Assistant Federal Public Defender, Las Vegas, Nevada, for the petitioner-appellant.

Victor H. Schulze, II, Deputy Attorney General, Las Vegas, Nevada, for the respondents-appellees.

Before: SNEED, MICHEL and THOMAS, Circuit Judges.

SNEED, Circuit Judge:

Petitioner Bennie Ficklin ("petitioner") appeals from the decision of the United States District Court for the District of Nevada, the Honorable Philip M. Pro, Presiding, which denied his petition for a writ of habeas corpus. Petitioner argues that his conviction for first degree murder following a trial in Nevada state court implicated the Double Jeopardy Clause of the United States Constitution. He contends that the instructions given at trial...

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