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BAINS v. CAMBRA

No. 98-17223.

204 F.3d 964 (2000)

Surinder BAINS, Petitioner-Appellant, v. Steve CAMBRA; James H. Gomez, Director, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 2000.

Attorney(s) appearing for the Case

Clifford Gardner, Gardner & Derham, San Francisco, California, for the petitioner-appellant.

Herbert F. Wilkinson, Deputy Attorney General, San Francisco, California, for the respondent-appellee.

Before: CHOY, CANBY, and SILVERMAN, Circuit Judges.

Opinion by Judge CHOY; Concurrence by Judge SILVERMAN; Dissent by Judge CANBY.

CHOY, Circuit Judge:

California state prisoner Surinder Bains ("Bains") appeals from the district court's denial of his habeas corpus petition. Having been convicted of first degree murder with the attendant special circumstance that the murder had been committed after lying in wait, Bains filed his petition alleging violations of his due...

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