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BREWER v. HALL

No. 03-55974.

378 F.3d 952 (2004)

Ronald James BREWER, Petitioner-Appellant, v. James HALL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2004.

Attorney(s) appearing for the Case

Stephen M. Lathrop, Torrance, CA, for the petitioner-appellant.

Donale E. De Nicola, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before T.G. NELSON, TASHIMA and FISHER, Circuit Judges.

FISHER, Circuit Judge:

Ronald Brewer appeals from the district court's denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254. Brewer argues that California Jury Instruction ("CALJIC") 17.41.1 violated his constitutional rights. This case arises under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and there is no clearly established federal law determined by the Supreme Court that indicates that the use of CALJIC 17.41.1...

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