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HURD v. TERHUNE

No. 08-55162.

619 F.3d 1080 (2010)

Dale R. HURD, Petitioner-Appellant, v. C.A. TERHUNE; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2010.

Attorney(s) appearing for the Case

Philip M. Brooks , Berkeley, CA, for the petitioner-appellant.

Blythe J. Leszkay , Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before HARRY PREGERSON, ROBERT R. BEEZER and DAVID R. THOMPSON, Circuit Judges.

OPINION

BEEZER, Circuit Judge.

Dale R. Hurd petitions for a writ of habeas corpus following his first-degree murder conviction in California state court and resulting life sentence without the possibility of parole. At trial, the state court allowed the prosecution to present Hurd's refusal to reenact the shooting of his wife during police interrogation as affirmative evidence of his guilt. The California Court of Appeal affirmed Hurd's conviction and held...

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