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DELGADO v. RICE

No. SA CV 96-372 AHS (MAN).

67 F.Supp.2d 1148 (1999)

Steven DELGADO, Petitioner, v. Bert RICE, Warden, Respondent.

United States District Court, C.D. California, Southern Division.

September 20, 1999.

Attorney(s) appearing for the Case

Frederick L. McBride, Orange, CA, for petitioner.

Keith Motley, Deputy Attorney General, Office of the Attorney General, San Diego, CA, for respondent.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

STOTLER, District Judge.

I.

INTRODUCTION

On April 19, 1996, petitioner Steven Delgado filed a "Petition For Writ Of Habeas Corpus By A Person In State Custody" ("Petition") pursuant to 28 U.S.C. § 2254. Petitioner's remaining claim is that he was denied his Fifth and Sixth Amendment rights when the trial judge conducted an ex parte communication with the deliberating...

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