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SECHREST v. IGNACIO

No. 04-99004.

549 F.3d 789 (2008)

Ricky David SECHREST, Petitioner-Appellant, v. John IGNACIO, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2008.

Attorney(s) appearing for the Case

Franny A. Forsman, Tiffany R. Murphy, and Michael Pescetta, Federal Public Defender's Office, Las Vegas, NV, for the petitioner-appellant.

George J. Chanos and David K. Neidert, Office of the Nevada Attorney General, Reno, NV, for the respondent-appellee.

Before: HARRY PREGERSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

In this pre-AEDPA capital case, Ricky David Sechrest appeals the denial of his third amended petition for a writ of habeas corpus under 28 U.S.C. § 2254.1 We affirm in part, reverse in part, and remand for further proceedings.

JURISDICTION

We have jurisdiction over the district court's denial of Sechrest's third amended federal...

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