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ROSSUM v. PATRICK

No. 09-55666.

622 F.3d 1262 (2010)

Kristin ROSSUM, Petitioner-Appellant, v. Deborah PATRICK, Warden, & Edmund G. Brown Jr., Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2010.

Attorney(s) appearing for the Case

William J. Genego , Nasatir, Hirsch, Podberesky & Genego, Santa Monica, CA, for the petitioner-appellant.

Edmund G. Brown Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Senior Assistant Attorney General, Kevin Vienna , Supervising Deputy Attorney General, Kyle Niki Shaffer , Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before: D.W. NELSON and STEPHEN REINHARDT, Circuit Judges, and NANCY GERTNER, District Judge.

OPINION

GERTNER, District Judge:

State prisoner Kristin Rossum appeals the district court's denial of her petition for a writ of habeas corpus. We reverse and remand for the district court to hold an evidentiary hearing on Rossum's claim that she was deprived of her Sixth Amendment right to the effective assistance of counsel.

Rossum was convicted of murdering her husband, Gregory de Villers. The prosecution's theory of the case was that Rossum poisoned...

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