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FROST v. GILBERT

No. 11-35114.

818 F.3d 469 (2016)

Joshua James FROST, Petitioner-Appellant, v. Margaret GILBERT, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2016.

Attorney(s) appearing for the Case

Erik B. Levin (argued), Law Office of Erik Levin, Berkeley, CA, for Petitioner-Appellant.

John Joseph Samson (argued), Assistant Attorney General, Corrections Division; Robert W. Ferguson , Attorney General, Olympia, WA, for Respondent-Appellee.

David M. Porter , Co-Chair, NACDL Amicus Committee, Sacramento, CA; Jon M. Sands , Federal Public Defender and Keith J. Hilzendeger , Assistant Federal Public Defender, Phoenix, AZ, for Amici Curiae Ninth Circuit Federal Public and Community Defenders and National Association of Criminal Defense Lawyers.

Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge TALLMAN.

OPINION

In 2003, Joshua Frost was charged in state court with participating in an eleven-day spree of armed robberies and a burglary. Frost's attorney wanted to argue during summation that the state hadn't met its burden of proof and, in the alternative, that Frost committed the crimes under duress. The King County...

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