WEAVER v. THOMPSON

No. 98-35867.

197 F.3d 359 (1999)

Edward WEAVER, Petitioner-Appellee, v. S. Frank THOMPSON, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 1999.


Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, Oregon, for the respondent-appellant.

Steven T. Wax, Federal Public Defender, Portland, Oregon, for the petitioner-appellee.

Before: FLETCHER, and TASHIMA, Circuit Judges, and ISHII, District Judge.


FLETCHER, Circuit Judge:

S. Frank Thompson, Superintendent of the Oregon State Penitentiary ("Respondent"), appeals from the district court's order granting Edward Weaver's petition for a writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. § 2253(a) and affirm.

BACKGROUND

On June 23, 1992, an Oregon state court jury tried and convicted Weaver of two counts of...

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