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ROSE v. MAYBERG

No. 05-16881.

454 F.3d 958 (2006)

Warren David ROSE, Jr., Petitioner-Appellant, v. Stephen MAYBERG, Director, California Department of Mental Health, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2006.

Attorney(s) appearing for the Case

David Porter, Assistant Federal Defender, Sacramento, CA, argued the cause for the appellant. Quin Denvir, Federal Defender, Dennis S. Waks, Acting Federal Defender, and Ann C. McClintock, Assistant Federal Defender, Sacramento, CA, were on the briefs.

Judy Kaida, Deputy Attorney General, Sacramento, CA, argued the cause for the appellee. Bill Lockyer, Attorney General of California, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, and Brian G. Smiley, Deputy Attorney General, Sacramento, CA, were on the brief for the appellee.

Before: HUG, and O'SCANNLAIN, Circuit Judges, and MILLER, District Judge.

O'SCANNLAIN, Circuit Judge:

We consider whether a habeas petition must be granted when a state court jury does not separately determine whether a sexually violent predator suffers from a mental condition that renders him dangerous beyond his control.

I

In 1982, Warren Rose—then serving in the United States Navy in Guam—committed violent sexual offenses against three eight-year-old girls. Rose was court-martialed, pled guilty, and received...

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