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PETROCELLI v. ANGELONE

No. 97-99029

248 F.3d 877 (2001)

Tracy Petrocelli, Petitioner-Appellant, v. Hdm Ron Angelone, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2001

Attorney(s) appearing for the Case

Paul G. Yohey and Fred Hill Atcheson, Reno, Nevada, for the petitioner-appellant.

Julie A. Slabaugh, Deputy Attorney General, Carson City, Nevada, for the respondent-appellee.

Franny A. Fosman, Federal Public Defender, Michael Pescetta, Assistant Federal Public Defender, Las Vegas, Nevada, as amica curiae in support of the petitioner-appellant.

Before: HARRY PREGERSON, PAMELA ANN RYMER, and A. WALLACE TASHIMA, Circuit Judges.

Argued and Submitted February 29, 2000 — Pasadena, California

TASHIMA, Circuit Judge:

Tracy Petrocelli, a Nevada state prisoner under sentence of death, appeals the district court's dismissal of his petition for a writ of habeas corpus asserting 28 grounds of relief. Petitioner argues that the district court erred in holding that: (1) petitioner had procedurally defaulted grounds 14-25; (2) he had abused the...

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