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INTHAVONG v. LAMARQUE

No. 03-57075.

420 F.3d 1055 (2005)

Osa INTHAVONG, Petitioner-Appellant, v. Anthony LAMARQUE, Warden; Bill Lockyer, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2005.

Attorney(s) appearing for the Case

Janice M. Deaton, San Diego, CA, argued the cause for the petitioner-appellant and was on the briefs.

Elizabeth A. Hartwig, Office of the Attorney General of California, San Diego, CA, argued the cause for the respondents-appellees; Bill Lockyer, Attorney General, Robert R. Anderson, Gary W. Schons, Gary W. Brozio, and Elizabeth A. Hartwig, Office of the Attorney General of California, San Diego, CA, were on the brief for the respondents.

Before: O'SCANNLAIN and CLIFTON, Circuit Judges, and WEINER, District Judge.

O'SCANNLAIN, Circuit Judge.

In this appeal from the denial of a petition for writ of habeas corpus, we must decide whether the admission of an allegedly coerced confession in the state court trial was prejudicial error.

I

On the evening of September 12, 1998, a white Honda Civic slowly passed some partygoers standing outside a San Diego area home. One partygoer kicked the car. Several hours later, the same Honda returned in the company of several...

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