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MERCED v. McGRATH

No. 04-15560.

426 F.3d 1076 (2005)

Juan A. MERCED, Petitioner-Appellant, v. Joseph L. McGRATH, Warden, Pelican Bay Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2005.

Attorney(s) appearing for the Case

Philip M. Brooks, Berkeley, CA, for the petitioner-appellant.

Bill Lockyer (on the briefs), Attorney General of the State of California, Gerald A. Engler (on the briefs), Senior Assistant Attorney General for the State of California, Morris Beatus (on the briefs), Deputy Attorney General for the State of California, and Peggy S. Ruffra (argued), Supervising Deputy Attorney General for the State of California, San Francisco, CA, for the respondent-appellee.

Before: D.W. NELSON, W. FLETCHER, and FISHER, Circuit Judges.

D.W. NELSON, Circuit Judge:

Juan Merced, a California state prisoner, appeals the district court's denial of his petition for habeas corpus. In his petition, Merced makes several assignments of error, only one of which we discuss here: whether the trial court violated Merced's constitutional rights when it excused a prospective juror based on his belief in exercising the power of jury nullification in appropriate circumstances. We affirm the district court's denial...

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