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HUNTON v. SINCLAIR

No. 12-35363.

732 F.3d 1124 (2013)

Luke M. HUNTON, Petitioner-Appellant, v. Stephen SINCLAIR, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2013.

Attorney(s) appearing for the Case

Matthew Campbell , Assistant Federal Public Defender, Federal Public Defender's Office, Spokane, WA, for Petitioner-Appellant.

John Joseph Samson (argued), Assistant Attorney General, Corrections Division, Robert M. McKenna , Attorney General, Attorney General's Office, Olympia, WA, for Respondent-Appellee.

Opinion by Judge Fernandez; Dissent by Judge W. Fletcher.

OPINION

FERNANDEZ, Circuit Judge:

Luke M. Hunton appeals the district court's dismissal of part of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. He asserts that because he is raising a Brady1 claim, he is not bound by the holdings of Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), that preclude relief when a claim was not exhausted...

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