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BRUCE v. TERHUNE

No. 02-16992.

376 F.3d 950 (2004)

Gary Dwayne BRUCE, Petitioner-Appellant, v. Cal TERHUNE; California Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2004.

Attorney(s) appearing for the Case

Quin Denvir, Federal Defender, and Ann C. McClintock (argued), Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Erik R. Brunkal, Supervising Deputy Attorney General, Michael A. Canzoneri, Supervising Deputy Attorney General, and David A. Lowe (argued), Deputy Attorney General, Sacramento, CA, for the respondents-appellees.

Before BROWNING, O'SCANNLAIN, and FISHER, Circuit Judges.

PER CURIAM.

In this appeal from the denial of a petition for a writ of habeas corpus arising out of a prosecution for lewd and lascivious conduct with a child, we must decide whether the state court unreasonably applied clearly established Federal law on burden of proof and whether sufficient evidence exists to support the conviction.

I

A California Superior Court jury convicted Gary D. Bruce of six counts...

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