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MURDOCH v. CASTRO

No. 05-55665.

489 F.3d 1063 (2007)

Charles Franklin MURDOCH, Jr., Petitioner-Appellant, v. Roy CASTRO, Warden; Bill Lockyer, Attorney General, Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2007.

Attorney(s) appearing for the Case

Seymour I. Amster, Van Nuys, CA, for the petitioner-appellant.

Rama R. Maline, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: MYRON H. BRIGHT, A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

Opinion by Judge TASHIMA; Dissent by Judge BRIGHT.

TASHIMA, Circuit Judge.

For the second time, Charles Murdoch, a California state prisoner, appeals from the judgment of the district court denying his petition for a writ of habeas corpus. In his previous appeal, we held that the exclusion of a privileged letter could violate a defendant's Sixth Amendment right to confrontation and cross-examination, depending on the content of the letter. Murdoch v. Castro...

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