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JONES v. WOOD

No. 96-35499.

114 F.3d 1002 (1997)

Jerry Bartlett JONES, Jr., Petitioner-Appellant, v. Tana WOOD, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1997.

Attorney(s) appearing for the Case

David Zuckerman, Seattle, WA, for petitioner-appellant.

Donna H. Mullen, Assistant Attorney General, Olympia, WA, for respondent-appellee.

Before: REINHARDT and THOMAS, Circuit Judges, and SEDWICK, District Judge.

OPINION

THOMAS, Circuit Judge:

Jerry Jones claims he is innocent of the first degree murder of his wife. He contends compelling evidence implicates another person, proof which his lawyer failed to investigate before trial despite Jones's entreaties. The district court granted summary judgment denying Jones's petition for a writ of habeas corpus under 28 U.S.C. § 2254. We reverse and remand.

I.

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