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WEAVER v. PALMATEER

Nos. 04-36009, 04-36020.

455 F.3d 958 (2006)

Ronald R. WEAVER, Petitioner-Appellee, v. Joan PALMATEER, Respondent-Appellant. Ronald R. Weaver, Petitioner-Appellee, v. Joan Palmateer, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2006.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, Salem, OR, argued the cause for the respondent-appellant; Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, were on the briefs.

Anthony D. Bornstein, Assistant Federal Public Defender, Portland, OR, argued the cause for the petitioner-appellee.

Before: BROWNING, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this case we must decide whether an Oregon state prisoner is entitled to a writ of habeas corpus on the basis of ineffective assistance of counsel in connection with his rape and sodomy convictions in 1983.

I

On August 30, 1982, authorities in Clackamas County, Oregon arrested Petitioner Ronald Weaver on suspicion that he had committed some 20 to 30 rapes between December 1981 and August 1982. Weaver was accused of...

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