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BELL v. URIBE

Nos. 11-56768, 11-56771.

729 F.3d 1052 (2013)

Terry Lee BELL, Petitioner-Appellee, v. Domingo URIBE, Jr., Warden, Respondent-Appellant. Natalie Demola, Petitioner-Appellee, v. Javier Cavazos, Acting Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2013.

Attorney(s) appearing for the Case

Kevin Vienna (argued), Supervising Deputy Attorney General, San Diego, CA, for Respondents-Appellants Domingo Uribe, Jr. and Javier Cavazos.

Thaddeus J. Culpepper (argued), Pasadena, CA, for Petitioner-Appellee Terry Lee Bell.

Mark R. Drozdowski (argued), Deputy Federal Public Defender, Los Angeles, CA, for Petitioner-Appellee Natalie DeMola.

Before: RICHARD C. TALLMAN, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

The California Attorney General ("state") appeals the district court's grant of habeas relief under 28 U.S.C. § 2254 to California state prisoners Terry Bell and Natalie DeMola ("petitioners"). In granting relief, the district court concluded that the petitioners' Sixth Amendment rights were violated when the trial court removed for willful misconduct, in conformance with California Penal Code § 1089, the only juror...

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