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PARLE v. RUNNELS

No. 06-16780.

505 F.3d 922 (2007)

Timothy Charles PARLE, Petitioner-Appellee, v. David L. RUNNELS, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2007.

Attorney(s) appearing for the Case

Bruce Ortega, Deputy Attorney General for the State of California, San Francisco, CA, for the respondent-appellant.

Martin N. Buchanan, Niddrie, Fish, & Buchanan LLP, San Diego, CA, for the petitioner-appellee.

Before: HAWKINS, A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

HAWKINS, Circuit Judge:

Domestic violence is a serious problem in America. When love turns to hate, grave injury — even death — can result. When that violence spins out of control, considerable problems confront the criminal justice system. The heat of the moment and the history of the relationship can make it quite difficult to assess responsibility. Sometimes it is clear who the aggressor is or has been; sometimes it is not so clear. The trial at issue...

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