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CUDJO v. AYERS

No. 08-99028.

698 F.3d 752 (2012)

Armenia Levi CUDJO, Jr., Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2012.

Attorney(s) appearing for the Case

John Lewis Littrell , Deputy Federal Public Defender, Katherine Froyen Black , and Mark R. Drozdowski , Office of the Federal Public Defender for California, Los Angeles, CA, for the petitioner-appellant.

James W. Bilderback, II , Supervising Deputy Attorney General, Office of the Attorney General for California, Los Angeles, CA, for the respondent-appellee.

Opinion by Judge N.R. SMITH; Dissent by Judge O'SCANNLAIN.

OPINION

N.R. SMITH, Circuit Judge:

In Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973), the United States Supreme Court clearly established that the exclusion of trustworthy and necessary exculpatory testimony at trial violates a defendant's due process right to present a defense. This clearly established federal law applied at the time the California...

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