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BRADLEY v. HENRY

No. 04-15919.

510 F.3d 1093 (2007)

Nicole BRADLEY, Petitioner-Appellant, v. Gloria HENRY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2007.

Attorney(s) appearing for the Case

Dennis P. Riordan, San Francisco, CA, for the petitioner-appellant.

Gregory A. Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: MARY M. SCHROEDER, HARRY PREGERSON, WARREN J. FERGUSON, JOHN T. NOONAN, SIDNEY R. THOMAS, BARRY G. SILVERMAN, W. FLETCHER, MARSHA S. BERZON, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge NOONAN; Concurrence by Judge CLIFTON; Dissent by Judge SILVERMAN.

NOONAN, Circuit Judge:

The appeal in this habeas corpus case is not directed to the guilt or innocence of the petitioner. The question we must address is whether a decision of a California Court of Appeal was not merely erroneous but objectively unreasonable in its application of the Constitution of the United States as the meaning...

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