BRADLEY v. DUNCAN

No. 01-55290.

315 F.3d 1091 (2002)

Gary BRADLEY, Petitioner-Appellee, v. W.A. DUNCAN, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2002.


Attorney(s) appearing for the Case

Jeffrey S. Kross, Oakland, CA, for the petitioner-appellee.

J. Michael Lehmann (argued), Corey J. Robins, Office of the Attorney General of the State of California, Los Angeles, CA, for the respondent-appellant.

Before FERGUSON, TASHIMA, and Graber, Circuit Judges.


Opinion by Judge FERGUSON; Dissent by Judge GRABER.

OPINION

FERGUSON, Circuit Judge:

Warden William A. Duncan ("the State") appeals the District Court's conditional grant of Defendant/Petitioner Gary Bradley's ("Bradley") 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his conviction on the grounds that the state trial court's refusal to instruct the jury on the defense of entrapment...

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