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FLOURNOY v. SMALL

No. 11-55015.

681 F.3d 1000 (2012)

Benjamin FLOURNOY, Jr., Petitioner-Appellant, v. Larry SMALL, Warden; Edmund G. Brown, Jr., Attorney General; Mathew Cate, Secretary CDCR, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2012.

Attorney(s) appearing for the Case

Mark D. Eibert , Half Moon Bay, CA, for the petitioner-appellant.

Steve Oetting (argued), Kamala Harris , Dane R. Gillette , Gary W. Schons , Kevin Vienna , Office of the Attorney General, San Diego, CA, for the respondents-appellees.

Before: JEROME FARRIS, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Benjamin Flournoy was convicted in a California court of one count of forcible rape and one count of assault with intent to commit rape. He appeals from the district court's denial of his petition for a writ of habeas corpus. Flournoy alleges two violations of his constitutional rights.

First, he contends that the trial court permitted a forensic analyst to testify based on the results of scientific tests performed...

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