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United States Ninth Circuit


Lunbery v. Hornbeak, 08-17576

In a murder prosecution, a denial of petitioner's habeas petition is reversed where the trial court's exclusion of the evidence of a witness's admission that his partners had committed the murder, and of another witness's drug-dealing, stripped petitioner of evidence that someone other than she had probably committed the murder of her husband.

Appellate Information

  • Argued 01/15/2010
  • Decided 05/25/2010
  • Published 05/25/2010

Judges

  • Before JOHN T. NOONAN, MICHAEL DALY HAWKINS and MILAN D. SMITH, JR., Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Juliana Drous, San Francisco, CA, for petitioner-appellant.

  • For Appellees:
  • Barton Bowers, Deputy Attorney General, Sacramento, CA, for respondents-appellees.
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