TAYLOR v. SISTO

No. 09-15341.

606 F.3d 622 (2010)

Frank TAYLOR, Petitioner-Appellant, v. D.K. SISTO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2010.


Attorney(s) appearing for the Case

Deanna F. Lamb, Central California Appellate Program, Sacramento, CA, for the petitioner-appellant.

David Andrew Eldridge, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Opinion by Judge NOONAN; Dissent by Judge IKUTA.


NOONAN, Circuit Judge:

Frank Taylor, a California state prisoner, appeals the judgment of the district court denying his petition for habeas corpus. We reverse the judgment.

FACTS

Early morning September 9, 2002, Frank Taylor was driving his wife's car. For reasons undisclosed by the record she had reported the car to the police as stolen. Officer Halk called in the license number. The dispatcher told him that the car was stolen. Halk gave chase...

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