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GALVAN v. ALASKA DEPT. OF CORRECTIONS

No. 03-35083.

397 F.3d 1198 (2005)

Cindy Lee GALVAN, Petitioner, v. The ALASKA DEPARTMENT OF CORRECTIONS, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated December 15, 2003.

Resubmitted April 16, 2004.

Filed February 9, 2005.

Attorney(s) appearing for the Case

Mary C. Geddes, Assistant Federal Defender, Anchorage, AK, for the petitioner.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, AK, for the respondent.

Before KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

KLEINFELD, Circuit Judge.

This habeas corpus appeal turns on exhaustion.

Facts

We take the facts from the Alaska Court of Appeals memorandum opinion and judgment affirming on direct appeal.1

In 1989, Galvan and her boyfriend, Anthony Garcia, killed a man in Colorado and fled to Alaska. A week after arriving in Juneau, they robbed and murdered another man. This case arises out of that Juneau murder.

Galvan...

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