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MORENO v. STEWART

No. 97-17238.

171 F.3d 658 (1999)

Daniel Arvizu MORENO, Petitioner-Appellee, v. Terry L. STEWART; Attorney General for the State of Arizona, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Bruce M. Ferg, Tucson, Arizona, for the respondents-appellants.

Daniel Arvizu Moreno, Pro per, Florence, Arizona, petitioner-appellee.

Before: SNEED, TASHIMA, and SILVERMAN, Circuit Judges.

Opinion by Judge SNEED; Dissent by Judge TASHIMA.

SNEED, Circuit Judge:

Arizona prison warden Terry Stewart and the State of Arizona ("respondents") appeal from the decision of the District Court for the District of Arizona, Judge Robert C. Broomfield, granting the habeas corpus petition of state prisoner Daniel Arvizu Moreno ("petitioner"). The district court held that the Arizona state trial court's colloquy with petitioner failed to establish that petitioner...

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