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RANDOLPH v. PEOPLE OF THE STATE OF CAL.

No. 03-16064.

380 F.3d 1133 (2004)

Willis RANDOLPH, Petitioner-Appellant, v. PEOPLE OF THE STATE OF CALIFORNIA; Attorney General of the State of California; James Hamlet, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2004.

Attorney(s) appearing for the Case

Suzanne Adele Luban, Oakland, CA, for the petitioner-appellant.

Janis Shank McLean, Office of the California Attorney General, Sacramento, CA, for the respondents-appellees.

Before: T.G. NELSON, W. FLETCHER, and BERZON, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Petitioner Willis Randolph appeals the district court's denial of his petition for a writ of habeas corpus challenging his 1986 state court conviction for murder. We hold that if the State places a cooperating informant in a jail cell with a defendant whose right to counsel has attached, and if the informant then makes a successful effort to stimulate a conversation with the defendant about the crime charged, the State thereby violates...

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