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RIGGS v. FAIRMAN

No. 02-55185.

399 F.3d 1179 (2005)

Michael Wayne RIGGS, Petitioner-Appellant, v. J.W. FAIRMAN, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 16, 2004.

Filed March 7, 2005.

Attorney(s) appearing for the Case

Donald M. Falk, Mayer Brown Rowe & Maw, Palo Alto, CA, for the appellant.

Kyle Niki Shaffer, Deputy Attorney General, San Diego, CA, for the appellees.

Before TROTT, RAWLINSON, and BEA, Circuit Judges.

Opinion by Judge RAWLINSON; Dissent by Judge BEA

RAWLINSON, Circuit Judge.

Following a jury trial, California state prisoner Michael Wayne Riggs (Riggs) filed a habeas petition seeking to set aside his conviction on the basis that he was denied effective assistance of counsel during the plea bargaining stage of his criminal prosecution. The district court ruled that Riggs' attorney's failure to inform him that California...

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