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NGUYEN v. McGRATH

No. C 03-093-CRB.

323 F.Supp.2d 1007 (2004)

Khoa Dang NGUYEN, Petitioner, v. Joseph McGRATH, Warden, Respondent.

United States District Court, N.D. California.

May 28, 2004.

Attorney(s) appearing for the Case

George F. Hindall, Office of the Attorney General, San Francisco, CA, for respondent.

Khoa D. Nguyen, Pelican Bay State Prison, Crescent City, CA, pro se.

Vince Chhabria, Covington & Burling, San Francisco, CA, for petitioner.

MEMORANDUM AND ORDER GRANTING PETITION FOR HABEAS CORPUS

BREYER, District Judge.

Over five years ago, a Santa Clara County jury convicted petitioner Khoa Dang Nguyen of three counts of first degree murder. A key piece of evidence against Nguyen was his tape-recorded confession to the crime. On direct appeal, the California Court of Appeal ruled that the confession was elicited in violation of Nguyen's Miranda rights and should not have been admitted...

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