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EDWARDS v. LAMARQUE

No. 04-55752.

439 F.3d 504 (2005)

Kristopher C. EDWARDS, Petitioner-Appellee, v. A. LAMARQUE, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2005.

Attorney(s) appearing for the Case

David C. Cook, Deputy Attorney General, Los Angeles, CA, for the respondent-appellant.

Steven S. Lubliner, Petaluma, CA, for the petitioner-appellee.

Before: B. FLETCHER, PAMELA A. RYMER and RAYMOND C. FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge.

Petitioner-appellee Kristopher C. Edwards ("Edwards") was convicted of murder in state court and filed a federal habeas corpus petition alleging, among other things, ineffective assistance of counsel. The district court granted the petition, finding that trial counsel's actions leading to Edwards' waiver of his marital privilege constituted ineffective assistance of counsel and prejudiced Edwards. The state appeals; we affirm...

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