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KENNEDY v. LOCKYER

No. 01-55246.

379 F.3d 1041 (2004)

Robert E. KENNEDY, Petitioner-Appellant, v. Bill LOCKYER, Attorney General, State of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2004.

Amended August 18, 2004.

Attorney(s) appearing for the Case

Jeff Dominic Price, Esq., Santa Monica, CA, for the appellant.

Lora Fox Martin and Anthony DaSilva, Deputy Attorney Generals, San Diego, CA, for the appellee.

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

Opinion by Judge REINHARDT; Concurrence by Judge FISHER; Dissent by Judge O'SCANNLAIN

REINHARDT, Circuit Judge:

Robert Kennedy was tried twice on a charge of selling 0.08 grams of a substance in lieu of a controlled narcotic drug — a substance that looked like an illegal drug but wasn't — to an undercover police officer for $20. The first trial ended in a hung jury: four jurors favored finding Kennedy not guilty; eight jurors thought him guilty...

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