The following excerpt is from Nino v. Galaza, 183 F.3d 1003 (9th Cir. 1999):
This sensible construction of AEDPA's requirements accords with the broad construction given the word "pending" in the context of defining a "pending" federal habeas petition. See McFarland v. Scott, 512 U.S. 849, 856 (1994)
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