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DYAS v. POOLE

No. 01-56324.

309 F.3d 586 (2002)

Rhonda Jean DYAS, Petitioner-Appellee, v. Susan POOLE, Warden; Attorney General of the State of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2002.

Attorney(s) appearing for the Case

Carl H. Horst, Deputy Attorney General, San Diego, CA, for the respondents-appellants.

Carrie Hempel, U.S.C. Law School, Los Angeles, CA, for the petitioner-appellee.

Before: LAY, CANBY, JR. and PAEZ, Circuit Judges.

OPINION

PER CURIAM.

The State of California appeals a conditional grant of a writ of habeas corpus. The district court held that petitioner Rhonda Jean Dyas had been unconstitutionally shackled during her trial and that the shackling prejudiced her. The State does not dispute that the shackling was unconstitutional; it challenges only the holding that Dyas was prejudiced.

Dyas was convicted in California state court of first degree murder and robbery...

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