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CLARK v. MURPHY

No. 00-16727.

317 F.3d 1038 (2003)

Billy Russell CLARK, Petitioner-Appellant, v. Tim MURPHY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2003.

Attorney(s) appearing for the Case

James M. Jellison argued the cause for the appellant. Anders Rosenquist, Jr., Rosenquist & Associates, Phoenix, Arizona, was on the briefs.

Ginger Jarvis, Assistant Arizona Attorney General, argued the cause for the appellee. Janet Napolitano, Arizona Attorney General; Randall M. Howe, Arizona Chief Counsel, Criminal Appeals Section; Diane M. Ramsey, Assistant Arizona Attorney General, were on the brief.

Before: STAPLETON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

In this petition for writ of habeas corpus, we must decide whether a state court's determination — that the admission into evidence of a murder suspect's confession did not violate the Constitution — was contrary to or an unreasonable application of clearly established federal law, as determined by the Supreme Court.

I

On May 15, 1991, Cynthia Tomecko reported to Phoenix police that her mother, Anita Clark...

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