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DECK v. JENKINS

No. 13-55130.

768 F.3d 1015 (2014)

Stephen Robert DECK, Petitioner-Appellant, v. Mack JENKINS, Chief Probation Officer, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2014.

Attorney(s) appearing for the Case

Charles M. Sevilla (argued), Law Office of Charles Sevilla, San Diego, CA, for Petitioner-Appellant.

Kamala D. Harris , Julie L. Garland , Kevin Vienna (argued), and David Delgado-Rucci , Office of the Attorney General of California, San Diego, CA, for Respondent-Appellee.

Opinion by Judge Christen; Dissent by Judge M. Smith

OPINION

CHRISTEN, Circuit Judge:

Stephen Deck was convicted in California of one count of an attempted lewd act upon a child under the age of 14. After exhausting review of his conviction in state court, he petitioned the federal district court for habeas relief under 28 U.S.C. § 2254, arguing that prosecutorial misstatements made during rebuttal closing argument deprived him of a fair trial. The district court dismissed Deck's petition. We reverse...

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