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ASHMUS v. WOODFORD

No. 99-99007.

202 F.3d 1160 (2000)

Troy A. ASHMUS, Petitioner-Appellee, v. Jeanne WOODFORD, Acting Warden of California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 2000.

As Amended on Denial of Rehearing and Rehearing March 9, 2000.

Attorney(s) appearing for the Case

Ronald S. Matthias, Deputy Attorney General, San Francisco, California, for respondent-appellant.

Michael Laurence, Habeas Corpus Resource Center, San Francisco, California, for petitioner-appellee.

Mitchell Zimmerman, Fenwick & West LLP, Palo Alto, California, for the amicus. Henry Earl Duncan; Kent S. Scheidegger, Criminal Justice Legal Foundation, Sacramento, California, for amicus Criminal Justice Legal Foundation.

Before: CANBY, THOMPSON, and GRABER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 9, 2000.*

CANBY, Circuit Judge:

Troy A. Ashmus, a prisoner sentenced to death by the California state courts, filed a federal petition for habeas corpus on May 15, 1998. During Ashmus' habeas proceeding, the State sought to avail itself of the procedural advantages of Chapter 154 of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).1...

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