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VARGHESE v. URIBE

No. 11-55686.

720 F.3d 1100 (2013)

Parrakkamannil Koshy Bilji VARGHESE, Petitioner-Appellant, v. Domingo URIBE, Jr., Warden; Edmund G. Brown, Jr., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2013.

Attorney(s) appearing for the Case

Todd W. Burns (argued), Burns & Cohan, San Diego, CA, for Petitioner-Appellant.

Lynne G. McGinnis (argued), Deputy Attorney General; Kamala D. Harris , Attorney General of California; Julie L. Garland , Senior Assistant Attorney General; Kevin Vienna and Gil Gonzalez , Supervising Deputy Attorneys General, Office of the Attorney General, San Diego, CA, for Respondents-Appellees.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN, and MILAN D. SMITH, Jr., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Parakkamannil Koshy Bilji Varghese, a California state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. A jury convicted Varghese of stabbing and murdering his ex-wife's lover. A key piece of evidence in the case was a small blood stain found at the crime scene. The prosecution's initial test of the blood stain showed that it matched Varghese's DNA. Varghese...

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