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USHER v. GOMEZ

No. C-89-2940-CAL.

775 F.Supp. 1308 (1991)

Nathaniel USHER, Petitioner, v. Al GOMEZ, Respondent.

United States District Court, N.D. California.

September 9, 1991.

Attorney(s) appearing for the Case

Rommel Bondoc, San Francisco, Cal., for petitioner.

Mary Roth, Deputy Atty. Gen., State of Cal., San Francisco, Cal., for respondent.

ORDER AND OPINION

LEGGE, District Judge.

Petitioner seeks a writ of habeas corpus ordering his release from state prison. He alleges that the state violated his sixth amendment rights by failing to give him adequate notice that the prosecution intended to convict him of first degree murder under the theory of felony murder.

I.

The history of this habeas corpus proceeding is lengthy. In 1985 Usher filed his first petition for a writ of habeas...

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