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EDWARDS v. LAMARQUE

No. 04-55752.

475 F.3d 1121 (2007)

Kristopher C. EDWARDS, Petitioner-Appellee, v. A. LAMARQUE, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2007.

Attorney(s) appearing for the Case

David C. Cook, Deputy Attorney General, Office of the Attorney General of the State of California, Los Angeles, CA, for the respondent-appellant.

Steven S. Lubliner, Law Offices of Steven S. Lubliner, Petaluma, CA, for the petitioner-appellee.

Before SCHROEDER, Chief Circuit Judge, B. FLETCHER, PREGERSON, KOZINSKI, RYMER, KLEINFELD, HAWKINS, GRABER, FISHER, PAEZ, TALLMAN, RAWLINSON, CLIFTON, BYBEE, and BEA, Circuit Judges.

Argued and Submitted En Banc October 5, 2006.

Opinion by Judge Hawkins; Concurrence by Judge Graber; Dissent by Judge Fisher

MICHAEL DALY HAWKINS, Circuit Judge.

Petitioner-appellee Kristopher C. Edwards was convicted of murder in state court and sentenced to life in prison without possibility of parole. The district court granted his § 2254 habeas petition, finding that Edwards's trial attorney had mistakenly caused Edwards to waive his marital...

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