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SANDERS v. LAMARQUE

No. 02-56893.

357 F.3d 943 (2004)

Marcus C. SANDERS, Petitioner-Appellee, v. A.A. LAMARQUE, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2004.

Attorney(s) appearing for the Case

Ana Duarte, Office of the Attorney General of the State of California, for the respondent-appellant.

Tina Long Rippy, Whittier, CA, for the petitioner-appellee.

Before HALL, THOMAS, and PAEZ, Circuit Judges.

Opinion by Judge THOMAS; Dissent by Judge HALL

OPINION

THOMAS, Circuit Judge:

Warden A.A. Lamarque appeals the judgment of the district court granting state prisoner Marcus C. Sanders' petition for a writ of habeas corpus based on the state trial court's dismissal of the lone holdout juror. We affirm.

I

The protection of holdout jurors from coercion has been a fundamental part of our federal jurisprudence. The Supreme Court has...

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