The following excerpt is from Jiminez v. Myers, 40 F.3d 976 (9th Cir. 1994):
Because we simply apply the well-established "totality of the circumstances" test, Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), does not apply.
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