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PARLE v. RUNNELS

Nos. 02-16896, 02-17281.

387 F.3d 1030 (2004)

Timothy Charles PARLE, Petitioner-Appellee, v. David L. RUNNELS, in his capacity as Warden of the High Desert State Prison, in Susanville, Respondent-Appellant. Timothy Charles Parle, Petitioner-Appellant, v. David L. Runnels, in his capacity as Warden of the High Desert State Prison, in Susanville, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2004.

Attorney(s) appearing for the Case

Martin Nebrida Buchanan, San Diego, CA, and Michael Kresser, Santa Clara, CA, for the petitioner-appellee/cross-appellant.

Bruce Ortega, Deputy Attorney General, San Francisco, CA, for the respondent-appellant/cross-appellee.

Before: HALL, O'SCANNLAIN, Circuit Judges, and BEISTLINE, District Judge.

HALL, Circuit Judge.

David L. Runnels, Warden of the High Desert State Prison, appeals an order of the district court granting a writ of habeas corpus to Timothy Charles Parle, a prisoner in his custody who was convicted of murder in the first degree.1 The district court held that the California Court of Appeal unreasonably applied Supreme Court precedent regarding the Confrontation Clause of the Sixth Amendment, and that the cumulative...

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