BRIGGS v. GROUNDS

No. 10-16683.

682 F.3d 1165 (2012)

Averill W. BRIGGS, Petitioner-Appellant, v. Randy GROUNDS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2012.


Attorney(s) appearing for the Case

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

Stan Helfman , Office of the California Attorney General, San Francisco, CA, for the respondent-appellee.

Opinion by Judge TALLMAN; Dissent by Judge BERZON.


OPINION

TALLMAN, Circuit Judge:

Petitioner-appellant Averill W. Briggs ("Briggs") appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for one count of committing a forcible lewd act upon a child under 14 years of age; eight counts of aggravated sexual assault of a child under 14 years of age — including four counts of oral copulation, two...

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