No. 01-56565.

344 F.3d 988 (2003)

Sally Marie McNeil, Petitioner-Appellant, v. Raymond L. Middleton; Bill Lockyer, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2003.

Attorney(s) appearing for the Case

Peter B. Clarke, Escondido, CA; Charles R. Khoury, Jr., Wilton, NH, for the petitioner-appellant.

Warren P. Robinson, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before BEEZER, FERNANDEZ, and PAEZ, Circuit Judges.


PAEZ, Circuit Judge:

Sally Marie McNeil ("McNeil") appeals the district court's denial of her federal habeas petition, challenging the constitutional validity of her state court conviction for second degree murder. We have jurisdiction under 28 U.S.C. § 2254, and we reverse the district court's judgment and remand with directions to grant the petition.

In 1996, a California jury convicted...

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