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PHILLIPS v. WOODFORD

No. 98-99022.

267 F.3d 966 (2001)

Richard Louis Arnold PHILLIPS, Petitioner-Appellant, v. Jeanne S. WOODFORD, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2001.

Attorney(s) appearing for the Case

Richard Louis Arnold Phillips, pro se, San Quentin State Prison, San Quentin California, and Donald J. Horvath, Advisory Counsel, Coarsegold, California, for the petitioner-appellant.

Robert Todd Marshall, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Before: Betty B. Fletcher, Stephen Reinhardt, and Andrew J. Kleinfeld, Circuit Judges.

Argued and Submitted March 21, 2000 — San Francisco, California.

Opinion by Judge REINHARDT; Dissent by Judge KLEINFELD.

OPINION

REINHARDT, Circuit Judge:

California prisoner Richard Louis Arnold Phillips appeals the district court's denial, without an evidentiary hearing, of his 28 U.S.C. § 2254 habeas corpus petition. We conclude that Phillips has asserted a colorable claim that the combined prejudicial effect of his counsel...

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