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DOE v. BUSBY

Nos. 08-55165, 08-55280.

661 F.3d 1001 (2011)

John DOE, Petitioner-Appellee, v. Timothy E. BUSBY, Warden, Respondent-Appellant. John Doe, Petitioner-Appellant, v. Timothy E. Busby, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2011.

Attorney(s) appearing for the Case

Michael Katz , Deputy Attorney General, Los Angeles, CA, for the respondent-appellant.

Alexandra Wallace Yates , (argued), Sean J. Bolser , Deputy Federal Public Defenders, Los Angeles, CA, for the petitioner-appellee.

Before: HARRY PREGERSON, ROBERT R. BEEZER, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Respondent Timothy E. Busby, the warden of Ironwood State Prison in California (collectively with the state prosecution, the State), appeals the district court's order granting Petitioner John Doe a conditional writ of habeas corpus. The district court granted the writ on the ground that the California state jury which convicted Doe was improperly charged that it could find him guilty of murder and domestic violence so long...

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