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Shaw v. Terhune, No. 02-16829 (9th Cir.) (380 F.3d 473) (August 10, 2004) (Judge Cynthia Holcomb Hall)

In its earlier decision in this case (Shaw v. Terhune, 353 F.3d 697 (9th Cir. 2003) (P&J, 12/08/03) (Shaw I)), a divided panel from the Ninth Circuit held that, while it might be "stunningly dishonorable and outright deplorable" for prosecutors to convict two people for the same crime when they …

 

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