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JENSEN v. PLILER

No. 04-55840.

439 F.3d 1086 (2006)

Josef Michael JENSEN, Petitioner Appellant, v. Cheryl K. PLILER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2006.

Attorney(s) appearing for the Case

David J. Zugman, San Diego, CA, for the petitioner-appellant.

Scott C. Taylor, Supervising Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before THOMPSON, T.G. NELSON, and GOULD, Circuit Judges.

DAVID R. THOMPSON, Senior Circuit Judge.

Josef Michael Jensen appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for two counts of first degree murder and two counts of conspiracy to commit murder. Jensen contends his Sixth Amendment Confrontation Clause rights were violated when, during his state court trial, attorney Todd Rash was permitted to testify to out-of-court statements made to him by the unavailable...

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