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MEDLEY v. RUNNELS

No. 05-55295.

506 F.3d 857 (2007)

Theodore Beech MEDLEY, Petitioner-Appellant, v. D.L. RUNNELS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2007.

Attorney(s) appearing for the Case

Wayne Young, Santa Monica, CA, for petitioner-appellant Theodore B. Medley.

Robert M. Foster, Supervising Deputy Attorney General, San Diego, CA, for respondent-appellee D.L. Runnels, Warden; Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, and Gary W. Schons, Senior Assistant Attorney General, were on the brief.

Before: MARY M. SCHROEDER, Chief Judge, STEPHEN REINHARDT, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, BARRY G. SILVERMAN, KIM MCLANE WARDLAW, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, RICHARD R. CLIFTON, JAY S. BYBEE, CONSUELO M. CALLAHAN, and SANDRA S. IKUTA, Circuit Judges.

Opinion by Judge CALLAHAN; Partial Concurrence and Partial Dissent by Judge IKUTA.

CALLAHAN, Circuit Judge:

Theodore Beech Medley appeals from the district court's order denying his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for murder in state court and a related twenty-year enhancement for discharge of a firearm during commission of a felony. Medley alleges that: (1) he received ineffective assistance of counsel when his attorney...

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