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CONDE v. HENRY

No. 98-56445.

198 F.3d 734 (1999)

Kirk Anthony CONDE, Petitioner-Appellant, v. Ivalee HENRY, Warden; James Gomez, Director of California Department of Corrections; Bill Lockyer, Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 1999.

As Amended January 27, 2000.

Attorney(s) appearing for the Case

Carol K. Lysaght, Santa Monica, California, for the petitioner-appellant.

Davis C. Cook, Deputy Attorney General, (Kerrigan M. Keach, Deputy Attorney General, on the brief), Los Angeles, California, for the respondents-appellees.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEINER, District Judge.

B. FLETCHER, Circuit Judge:

Kirk Anthony Conde appeals the denial of his petition for a writ of habeas corpus. He seeks a writ on the grounds that his California state court conviction for kidnapping for the purposes of robbery was the result of a constitutionally deficient trial. The trial court (1) precluded the defendant from arguing that the elements of a robbery had not been met; (2) denied the defendant's motion to instruct the jury on the defense theory of...

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