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TRACEY v. PALMATEER

No. 01-35940.

341 F.3d 1037 (2003)

Joseph J. TRACEY, Petitioner-Appellant, v. Joan PALMATEER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2003.

Filed August 29, 2003.

Attorney(s) appearing for the Case

Anthony D. Bornstein, Assistant Federal Public Defender, Portland, OR, for petitioner-appellant Joseph Tracey.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kathleen Cegla, Assistant Attorney General, Salem, OR, for respondent-appellee Joan Palmateer.

Before: DONALD P. LAY, J. CLIFFORD WALLACE, and RICHARD C. TALLMAN, Circuit Judges.

Opinion by Judge TALLMAN; Dissent by Judge LAY.

OPINION

TALLMAN, Circuit Judge:

Joseph Tracey appeals the district court's denial of his petition for habeas corpus pursuant to 28 U.S.C. § 2254. Tracey's petition challenges the legality of his 1994 Oregon conviction for the first-degree murder of Scott Werner and unlawful use of a weapon. Tracey raises two issues on appeal. First, he says he was denied due process and his right to an impartial...

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