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STARK v. HICKMAN

No. 03-17241.

455 F.3d 1070 (2006)

Thomas Lester STARK, Petitioner-Appellant, v. Rod HICKMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2006.

Attorney(s) appearing for the Case

John J. Jordan, San Francisco, CA, for the petitioner-appellant.

John Deist, Office of the California Attorney General, San Francisco, CA, for the respondent-appellee.

Before: THOMAS and W. FLETCHER, Circuit Judges, and MAHAN, District Judge.

MAHAN, District Judge:

Thomas Stark, a California state prisoner, appeals the district court's dismissal of his pro se 28 U.S.C. § 2254 habeas corpus petition. Stark contends that his federal right to due process was violated at his California state trial for murder when the trial court charged the jury during the guilt phase that he was to be presumed "conclusively sane" by the jury.

I. STANDARD OF REVIEW

The district court's decision to dismiss...

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