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BAILEY v. RAE

No. 02-35144.

339 F.3d 1107 (2003)

Michael Jon BAILEY, Petitioner-Appellant, v. Diane RAE, Oregon State Board of Parole and Post Prison Supervision, Chairperson, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2003.

Attorney(s) appearing for the Case

Anthony D. Bornstein, Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant.

Hardy Myers, Attorney General; Mary H. Williams, Solicitor General; and Steven R. Powers, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

Before: ANDREW J. KLEINFELD, M. MARGARET McKEOWN, Circuit Judges, and CHARLES R. BREYER, District Judge.

Argued and Submitted February 5, 2003 — Seattle, Washington.

OPINION

McKEOWN, Circuit Judge:

This petition for writ of habeas corpus presents the question whether a state prosecutor's failure to disclose therapy reports concerning a victim's mental capacity constitutes a due process violation under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The state criminal convictions at...

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