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BOCKTING v. BAYER

No. 02-15866.

505 F.3d 973 (2007)

Marvin Howard BOCKTING, Petitioner-Appellant, v. Robert BAYER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2007.

Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, Las Vegas, NV, for petitioner Marvin Howard Bockting.

Victor-Hugo Schulze, II and Rene L. Hulse, Nevada State Attorney General's Office, for respondent Robert Bayer.

Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and M. MARGARET McKEOWN, Circuit Judges.

Opinion by Judge WALLACE; Dissent by Judge NOONAN.

ORDER AND OPINION

ORDER

The opinion and dissent filed on September 27, 2007 are withdrawn. A new opinion and dissent are filed with this order.

OPINION

WALLACE, Senior Circuit Judge:

Bockting appeals from the district court's order denying his petition for a writ of habeas corpus. Bockting challenges his state convictions...

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