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REYNOSO v. GIURBINO

No. 05-55695.

462 F.3d 1099 (2006)

Aaron REYNOSO, Petitioner-Appellee, v. George J. GIURBINO, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General for the State of California; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Senior Assistant Attorney General; Kenneth C. Byrne, Supervising Deputy Attorney General (on the briefs); Xiomara Costello, Deputy Attorney General, Los Angeles, CA (argued), for the respondent-appellant.

Maria E. Stratton, Federal Public Defender (on the briefs); Mark R. Drozdowski, Deputy Federal Public Defender, Los Angeles, CA (argued), for the petitioner-appellee.

Before: REINHARDT, TROTT, and WARDLAW, Circuit Judges.

REINHARDT, Circuit Judge:

The State, through Warden Giurbino, appeals the district court's decision to grant Aaron Reynoso's petition for a writ of habeas corpus. It asserts that the claim on which relief was granted was unexhausted and that the state court's rejection of the claim was reasonable. We conclude that Reynoso's claim was properly exhausted and that, on the merits, he has demonstrated ineffective assistance of counsel under Strickland v. Washington...

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