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MUSLADIN v. LAMARQUE

No. 03-16653.

427 F.3d 653 (2005)

Mathew MUSLADIN, Petitioner-Appellant, v. Anthony LAMARQUE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2005.

Attorney(s) appearing for the Case

Barry J. Portman, Federal Public Defender, and David W. Fermino, Assistant Federal Public Defender, San Francisco, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Glenn R. Pruden, Deputy Attorney General, and Gregory A. Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before REINHARDT, THOMPSON, and BERZON, Circuit Judges.

ORDER AND OPINION

ORDER

The opinion and dissent filed on April 8, 2005, slip op. 4055, and appearing at 403 F.3d 1072 (9th Cir.2005), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. The clerk shall file the attached opinion and dissent in its place.

OPINION

REINHARDT, Circuit Judge.

At a murder trial in which the central question is...

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