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FISHER v. ROE

Nos. 00-55031, 00-55035.

263 F.3d 906 (2001)

Gary Lee FISHER, Petitioner-Appellee, v. Ernest C. ROE, Warden; Attorney General of the State of California, Respondents-Appellants. Michael Collins, Petitioner-Appellee, v. Theo White, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2001.

Attorney(s) appearing for the Case

Adrianne S. Denault, Attorney General's Office, San Diego, California, for the respondents-appellants.

Monica Knox, Federal Public Defender's Office, Los Angeles, California, for the petitioners-appellees.

Before: Stephen S. TROTT, Sidney R. THOMAS, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted January 10, 2001 — Pasadena, California.

TROTT, Circuit Judge:

OVERVIEW

Gary Fisher and Michael Collins were convicted in California state court in 1992, of murder. Ernest Roe and Theo White, the wardens of the prisons in which Fisher and Collins are incarcerated, appeal the district court's order granting Fisher and Collins writs of habeas corpus. The appellees' petitions for federal habeas relief were based on a single...

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