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NGUYEN v. LINDSEY

No. 98-56880.

232 F.3d 1236 (2000)

Loi Van NGUYEN, Petitioner-Appellant, v. Gary LINDSEY, Attorney General of the State of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2000

Attorney(s) appearing for the Case

Frederick L. McBride, Santa Ana, California, for the petitioner-appellant.

John T. Swan, Deputy Attorney General, San Diego, California, for the respondent-appellee.

Before: James R. BROWNING, John T. NOONAN, and Barry G. SILVERMAN, Circuit Judges.

Argued and Submitted May 1, 2000 — Pasadena, California

SILVERMAN, Circuit Judge:

An innocent bystander was killed in the crossfire of a shootout between two rival gangs. Two of the combatants were charged with murder and tried separately. At the trial of the first defendant (Phung), the prosecutor presented evidence that Phung had fired the first shot. At the trial of the second defendant (Nguyen, the petitioner here) the prosecutor introduced Nguyen...

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