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POLLARD v. GALAZA

No. 00-16210.

290 F.3d 1030 (2002)

Jimmie Leon POLLARD, Petitioner-Appellant, v. George GALAZA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2002.

Attorney(s) appearing for the Case

Rachelle Barbour, Federal Defender, Sacramento, CA, for the petitioner-appellant.

Leah Ann Alcazar, Deputy Attorney General, Fresno, CA, for the respondent-appellee.

Before: O'SCANNLAIN and TALLMAN, Circuit Judges, and KING, District Judge.

OPINION

KING, District Judge.

We must decide whether the state court correctly allowed the government to use a statement, obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), at trial for impeachment purposes.

I

This case arises out of habeas petitioner Jimmie Leon Pollard's conviction in a California state court for second-degree murder and trespassing....

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