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SILVA v. BROWN

No. 04-99000.

416 F.3d 980 (2005)

Benjamin Wai SILVA, Petitioner-Appellant, v. Jill BROWN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2005.

Attorney(s) appearing for the Case

Phillip A. Treviño, Los Angeles, CA, argued for the petitioner-appellant. With him on the briefs was Michael J. Brennan, Manhattan Beach, CA.

Teresa Torreblanca, San Diego, CA, argued for the respondent-appellee. Robert M. Foster, San Diego, CA, was on the brief.

Before: B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

The State of California charged and tried Benjamin Wai Silva for two brutal homicides, along with kidnaping, robbery, and gun offenses, but did not disclose to the defense that the plea agreement that secured the testimony of the prosecution's star witness, Norman Thomas, required Thomas not to undergo a psychiatric evaluation before testifying. As a result, the jury never learned of the considerable question as to Thomas's competence...

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