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DOWNS v. HOYT

No. 99-35266.

232 F.3d 1031 (2000)

Elizabeth Diane DOWNS, Petitioner-Appellant, v. Sonia HOYT, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2000.

Attorney(s) appearing for the Case

Wendy R. Willis, Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.

Janet A. Klapstein, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, and assault in the Lane County Circuit Court in Oregon in 1984. The jury found that she fatally shot one of her children, Cheryl, then age seven, and seriously wounded the other two, Christie and Danny, then ages eight and three. Christie testified at trial that she saw...

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