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GARCEAU v. WOODFORD

No. 99-99022.

281 F.3d 919 (2002)

Robert Frederick GARCEAU, Petitioner-Appellant, v. Jeanne WOODFORD, Acting Warden of San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

February 15, 2002.

ORDER

Despite the fact that it "explicitly declined to invoke Teague," either in the trial court or in this court, Garceau v. Woodford, 275 F.3d 769, 781 n. 1 (9th Cir.2001) (O'Scannlain, J., dissenting), the State, in its petition for rehearing, asks us to invoke the rule of Teague v. Lane, 489 U.S. 288, 310, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), that a "new rule" of constitutional...

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