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EMERY v. CLARK

No. 08-55249.

643 F.3d 1210 (2011)

Ruben Anthony EMERY, Petitioner-Appellant, v. Ken CLARK, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2011.

Attorney(s) appearing for the Case

Vivian A. Fu , San Francisco, CA, argued the cause and filed the briefs for the petitioner-appellant.

James William Bilderback II , Office of the Attorney General, Los Angeles, CA, argued the cause and filed the briefs on behalf of the respondent-appellee. With him on the briefs were Edmund G. Brown Jr. , Attorney General of California, Pamela C. Hamanaka , Senior Assistant Attorney General, and Deborah J. Chuang , Deputy Attorney General.

Before: DIARMUID F. O'SCANNLAIN and BARRY G. SILVERMAN, Circuit Judges, and SUZANNE B. CONLON, District Judge.

OPINION

PER CURIAM:

Ruben Anthony Emery appeals the district court's denial of his petition for a writ of habeas corpus. The facts of the underlying conviction and procedural history are set forth in detail in our previous order certifying questions of state law to the California Supreme Court. See Emery v. Clark, 604 F.3d 1102 (9th Cir.2010). We repeat them here only as necessary.

I

Emery was convicted...

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