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GHENT v. WOODFORD

No. 99-99025.

279 F.3d 1121 (2002)

David Luther GHENT, Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2002.

Amended March 11, 2002.

Attorney(s) appearing for the Case

Douglas R. Young, Claudia A. Lewis, Jennifer Schwartz, Grace K. Won and Kelly A. Woodruff, Farella Braun & Martel, LLP, San Francisco, CA, for the petitioner-appellant.

Joan Killeen, Deputy Attorney General, and Peggy S. Ruffra, Supervising Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: REINHARDT, HAWKINS, and RAWLINSON, Circuit Judges.

REINHARDT, Circuit Judge.

David Luther Ghent, a prisoner currently on California's death row, appeals the district court's dismissal of his habeas corpus petition and asks this court for relief on several grounds related to both his convictions and his death sentence. We hold that the district court erred in finding the admission of testimony in violation of Ghent's Miranda rights in the special circumstances retrial to be harmless error. Accordingly, we reverse...

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