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MURDOCH v. CASTRO

No. 05-55665.

609 F.3d 983 (2010)

Charles Franklin MURDOCH, Jr., Petitioner-Appellant, v. Roy CASTRO, Warden; Edmund G. Brown, Jr., Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2010.

Attorney(s) appearing for the Case

Seymour I. Amster, Van Nuys, CA, for the petitioner-appellant.

Rama R. Maline, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Opinion by Judge TASHIMA; Concurrence by Judge SILVERMAN; Dissent by Judge KOZINSKI; Dissent by Judge THOMAS.

TASHIMA, Circuit Judge:

Charles Murdoch was convicted of murder in California state court. Before trial, the prosecutor informed the court that a prosecution witness and participant in the crime had written a letter to his attorney claiming that Murdoch was not involved in the crime and that the witness had been coerced into implicating Murdoch. The state court ruled that Murdoch could not have access to the letter because it was protected under California's attorney...

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