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IN RE JENKINS

No. B128381.

83 Cal.Rptr.2d 232 (1999)

70 Cal.App.4th 1162

In re Eddie James JENKINS on Habeas Corpus.

Court of Appeals of California, Second District, Division Four.

Rehearing Denied April 13, 1999.

Review Denied July 14, 1999.

Attorney(s) appearing for the Case

A. William Bartz, Jr., Torrance, for Petitioner.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, and Robert C. Schneider, Deputy Attorney General, for Respondent.

HASTINGS, J.

Petitioner, Eddie James Jenkins, seeks a writ of habeas corpus on the ground that he was denied effective assistance of counsel because his trial attorney failed to review the case file and discover that a Code of Civil Procedure section 170.6 peremptory challenge had previously been filed against the trial judge who ultimately tried the case. Because we conclude that the judgment is void, we grant the...

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