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OSBAND v. WOODFORD

No. 00-99016.

282 F.3d 1125 (2002)

Lance Ian OSBAND, Petitioner-Appellee, v. Jeanne WOODFORD, Warden of the California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2002.

Attorney(s) appearing for the Case

Ward Campbell, Attorney General's Office, Sacramento, CA, for the respondent-appellant.

Connie Marie Alvarez, Sacramento, CA, for the petitioner-appellee.

Before POLITZ, W. FLETCHER, and FISHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

Petitioner-appellee seeks a writ of habeas corpus in this capital case, claiming, among other things, ineffective assistance by his trial counsel. Because of petitioner's ineffective assistance claim, the magistrate judge allowed discovery by the State of materials that would ordinarily have been subject to evidentiary privileges, including the attorney-client privilege. Over the State's objection, the magistrate...

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