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MEDINA v. HORNUNG

No. 02-56484.

372 F.3d 1120 (2004)

Alan MEDINA, Petitioner-Appellant, v. Thomas HORNUNG, Warden, of Donovan State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2004.

Attorney(s) appearing for the Case

Charles M. Sevilla, Cleary & Sevilla, LLP, San Diego, CA, for the petitioner-appellant.

Steven T. Oetting, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before NOONAN, TALLMAN, and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

Alex Medina (Medina) appeals the district court's denial of his habeas petition. Medina was convicted by a jury in California state court of assault with a deadly weapon (Cal.Penal Code § 245(a)(1)) and felony hit-and-run (Cal. Vehicle Code § 20001).

Medina's habeas petition challenges certain allegedly prejudicial ex parte statements made by the trial judge to the jury in violation of his constitutional rights to...

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