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KILLIAN v. POOLE

No. 00-16477.

282 F.3d 1204 (2002)

Gloria KILLIAN, Petitioner-Appellant, v. Susan POOLE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2002.

Attorney(s) appearing for the Case

William J. Genego (argued), Nasatir, Hirsch, Podberesky & Genego, Santa Monica, CA, for the petitioner-appellant.

Pat Whalen (argued) and Michael J. Weinberger, Office of the Attorney General of the State of California, Sacramento, CA, for the respondent-appellee.

Before: HUG, D.W. NELSON and HAWKINS, Circuit Judges.

HAWKINS, Circuit Judge.

We must decide whether the use of perjured testimony, the withholding of evidence that would help show the falsity of the testimony, and the reliance on the perjury by the prosecutor in final argument, alone or in combination justifies habeas relief.

Proceedings Below

In 1986, Petitioner Gloria Killian ("Killian") was convicted in California state court of first degree felony murder, attempted murder, burglary, robbery, grand...

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