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McDOWELL v. CALDERON

No. 98-99032.

197 F.3d 1253 (1999)

Charles E. McDOWELL, Jr., Petitioner-Appellee, v. Arthur CALDERON, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1999.

Attorney(s) appearing for the Case

A. Scott Hayward, Deputy Attorney General, Los Angeles, California, for the respondent-appellant.

Andrea G. Asaro, Rosen, Bien & Asaro, San Francisco, California, for the petitioner-appellee.

Before: HUG, Chief Judge, and BROWNING, PREGERSON, BRUNETTI, KOZINSKI, RYMER, T.G. NELSON, KLEINFELD, TASHIMA, SILVERMAN, and GRABER, Circuit Judges.

PER CURIAM:

Charles McDowell was convicted of murder and sentenced to death by the State of California. In December 1990, he filed a petition for writ of habeas corpus in the Central District of California. Among other issues, he raised claims of ineffective assistance of counsel. The district court recognized that McDowell's ineffective assistance claims waived his attorney-client privilege as to those matters pertaining to the attorney's representation of McDowell...

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