Taryn Christian v. Clayton A. Frank

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TARYN CHRISTIAN, 

Petitioner-Appellee, v. CLAYTON FRANK, Director, State of No. 08-17236 Hawaii Department of Public D.C. No. Safety,  1:04-cv-00743- Respondent-Appellant, DAE-LEK and OPINION

STATE OF HAWAII DEPARTMENT OF

PUBLIC SAFETY,

Respondent.  Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding

Argued and Submitted October 15, 2009—Honolulu, Hawaii

Filed February 19, 2010

Before: Robert R. Beezer, Susan P. Graber and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Beezer

2681 2684 CHRISTIAN v. FRANK

COUNSEL

Mark Barrett, Esq., Norman, Oklahoma, for petitioner- appellee-cross-appellant. CHRISTIAN v. FRANK 2685 Richard K. Minatoya, Deputy Prosecuting Attorney, Wailuku, Hawaii, for respondent-appellant-cross-appellee.

OPINION

BEEZER, Circuit Judge:

We must decide whether the district court erred in granting habeas relief on behalf of petitioner Taryn Christian.1 The dis-…