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BARKER v. FLEMING

No. 04-35911.

423 F.3d 1085 (2005)

Anton E. BARKER, Petitioner-Appellant, v. Gary FLEMING, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2005.

Attorney(s) appearing for the Case

Professor Jacqueline McMurtrie, Lindsay L. Halm, Law Student, & Lesli S. Wood, Law Student, Innocence Project Northwest Clinic, University of Washington School of Law, Seattle, WA, for the appellant.

Gregory J. Rosen, Assistant Attorney General, Attorney General's Office, Criminal Justice Division, Olympia, WA, for the appellee.

Before HUG, THOMPSON, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

This petition for a writ of habeas corpus presents the question whether the prosecution in a robbery case suppressed evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). In analyzing this issue, the Washington Supreme Court failed to consider the cumulative effect of the undisclosed evidence and thus its decision was contrary to clearly established Supreme Court...

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