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FENENBOCK v. DIRECTOR OF CORRECTIONS FOR CAL.

No. 11-15880.

692 F.3d 910 (2012)

Robert Morris FENENBOCK, Petitioner-Appellant, v. DIRECTOR OF CORRECTIONS FOR CALIFORNIA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2012.

Amended August 30, 2012.

Attorney(s) appearing for the Case

Jolie Lipsig , Sacramento, CA, for the petitioner-appellant.

Glenn R. Pruden , Supervising Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

ORDER

The opinion filed on May 24, 2012, slip opinion page 5701 [681 F.3d 968], is amended as follows:

On slip opinion page 5718 [681 F.3d at 978], replace footnote 12 with the following:

In briefing and at oral argument, the parties agreed that the last reasoned state court opinion addressed the constitutional question. In our view, that opinion resolved Petitioner's claim on only state evidentiary grounds.

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