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WILKINSON v. GINGRICH

No. 13-56952.

800 F.3d 1062 (2015)

James Kendell WILKINSON, Petitioner-Appellee, v. Doug GINGRICH, Orange County Probation, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2015.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Julie L. Garland , Senior Assistant Attorney General, Peter Quon, Jr. (argued) and Kevin R. Vienna , Supervising Deputy Attorneys General; Office of the Attorney General, San Diego, CA, for Respondent-Appellant.

Hilary Potashner , Acting Federal Public Defender; K. Elizabeth Dahlstrom (argued), Deputy Federal Public Defender, Office of the Federal Public Defender, Santa Ana, CA, for Petitioner-Appellee.

Before: WILLIAM A. FLETCHER, RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

OPINION

The State of California appeals the district court's grant of James Kendell Wilkinson's petition for a writ of habeas corpus.1 Wilkinson was convicted of perjury for testifying in a traffic court proceeding that he was not the driver of a car that had been stopped for speeding...

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