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GANTT v. ROE

No. 99-55477.

389 F.3d 908 (2004)

Timothy C. GANTT, Petitioner-Appellant, v. Ernie C. ROE; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred January 17, 2003.

Resubmitted November 24, 2003.

Filed November 22, 2004.

Attorney(s) appearing for the Case

Gerson Simon, Los Angeles, CA, for the petitioner.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Alan D. Tate, Deputy Attorney General, Los Angeles, CA, for the respondent.

Before: HALL, KOZINSKI and RAWLINSON, Circuit Judges.

KOZINSKI, Circuit Judge.

Petitioner was convicted of murder and robbery in state court and sentenced to life in prison without possibility of parole. In his federal habeas petition he raises a number of claims, the most significant of which is that the prosecution failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

Facts

The victim, Kalpesh...

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