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BLAKE v. BAKER

No. 12-15522.

745 F.3d 977 (2014)

Alfonso Manuel BLAKE, Petitioner-Appellant, v. Renee BAKER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2014.

Attorney(s) appearing for the Case

Tiffani D. Hurst (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Michael Pescetta , Albert Sieber , and Randolph Fiedler , Assistant Federal Public Defenders, Las Vegas, NV, for Petitioner-Appellant.

Heather D. Procter (argued), Senior Deputy Attorney General; Catherine Cortez Masto , Attorney General, Carson City, NV, for Respondent-Appellee.

Before: A. WALLACE TASHIMA, WILLIAM A. FLETCHER, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Alfonso Manuel Blake, a state prisoner, filed a habeas corpus petition under 28 U.S.C. § 2254 based on, inter alia, alleged ineffective assistance of trial counsel ("IAC"). Because this claim was not exhausted, Blake moved for a stay and abeyance under Rhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005), so...

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