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ESTRADA v. SCRIBNER

No. 06-55013.

512 F.3d 1227 (2008)

Julio Salazar ESTRADA, Petitioner-Appellant, v. A.K. SCRIBNER, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2008.

Attorney(s) appearing for the Case

Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, California, for the petitioner-appellant.

Bill Lockyer, Mary Jo Graves, Gary Schons, Matthew Mulford, Elizabeth Hartwig, Lynne McGinnis, Office of Attorney General of the State of California, San Diego, California, for the respondent-appellee.

Before: ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON, Circuit Judge, and HAROLD BAER, JR., Senior District Judge.

BAER, Senior District Judge:

Petitioner-Appellant Julio Salazar Estrada ("Petitioner" or "Estrada") appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition for a new trial after his conviction in California state court for second-degree murder, see Cal. Pen.Code § 187, as well as taking a vehicle without the owner's consent, see Cal. Veh.Code § 10851(A). Estrada claims that his rights to due process and a fair...

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