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BENN v. LAMBERT

No. 00-99014.

283 F.3d 1040 (2002)

Gary BENN, Petitioner-Appellee, v. John LAMBERT, Superintendent of the Washington State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2002.

Attorney(s) appearing for the Case

Suzanne Lee Elliott, & David B. Zuckerman, Seattle, WA, for the petitioner-appellee.

John J. Samson, & Donna H. Mullen, Assistant Attorneys General, Olympia, WA, for the respondent-appellant.

Before: REINHARDT, TROTT and W. FLETCHER, Circuit Judges.

OPINION

REINHARDT, Circuit Judge.

The State of Washington, through the superintendent of the Washington State Penitentiary, appeals the district court's decision to grant Gary Michael Benn's habeas corpus petition, arguing that the district judge erred in holding that the Washington State Supreme Court decision was contrary to or involved an unreasonable application of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194,...

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