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DOW v. VIRGA

No. 11-17678.

729 F.3d 1041 (2013)

La Carl Martez DOW, Petitioner-Appellant, v. Tim VIRGA, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2013.

Attorney(s) appearing for the Case

Marc J. Zilversmit (argued), San Francisco, CA, for Petitioner-Appellant.

Glenn R. Pruden , Supervising Deputy Attorney General (argued), Kamala D. Harris , Attorney General of California, Gerald A. Engler , Senior Assistant Attorney General, Gregory A. Ott , Deputy Attorney General, San Francisco, CA, for Respondent-Appellee.

Before: STEPHEN REINHARDT and MILAN D. SMITH, JR., Circuit Judges, and JAMES G. CARR, Senior District Judge.

OPINION

REINHARDT, Circuit Judge:

La Carl Martez Dow's state court trial for second degree robbery involved textbook prosecutorial misconduct, recognized as such by the California Court of Appeal ("state court"). In the course of the trial, the prosecutor knowingly elicited and then failed to correct false testimony. That testimony, by Detective Oglesby, was that Dow (rather than his attorney) made the request...

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