Karen Sue Morris v. State of California Ventura County Municipal Court Attorney General of the State of California

Good Law
92 Daily Journal DAR 3195·966 F.2d 448·1992 U.S. App. LEXIS 3743·92 Cal. Daily Op. Serv. 2043
United States Court of Appeals for the Ninth CircuitMarch 10, 199290-56095California4,198 words

Opinion

Opinion

Reinhardt, J.

ORDER

The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. The full court has been advised of the suggestion for rehearing en banc, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed.R.App.P. 35.

Appellees’ petition for rehearing is denied and the suggestion for rehearing en banc is rejected. The third paragraph of Part II of the opinion filed September 30, 1991, 945 F.2d 1456, 1460 (9th Cir.1991), is deleted and the following is substituted in its place:

OPINION

Appellant Karen Sue Morris appeals the district court’s denial of her petition for a writ of habeas corpus. In September 1985, Ms. Morris was convicted by a Ventura County Municipal Court jury on one count of being under the influence of cocaine in violation of California Health & Safety Code § 11550(a). She challenges this conviction on the ground that she received ineffective assistance of counsel. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253 . We reverse and remand to the district court for further proceedings consistent with this…

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