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SIVAK v. HARDISON

No. 08-99006.

658 F.3d 898 (2011)

Lacey Mark SIVAK, Petitioner-Appellant, v. John HARDISON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2011.

Attorney(s) appearing for the Case

Bruce D. Livingston (argued) and Colleen Brady Ward , Federal Defender Services of Idaho, Boise, ID; Todd Maybrown , Allen, Hansen & Maybrown, P.S., Seattle, WA, for the petitioner-appellant.

L. LaMont Anderson (argued), Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before: ALEX KOZINSKI, Chief Judge, SIDNEY R. THOMAS and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Dixie Wilson was murdered on April 6, 1981, while she was working at the Baird Oil gas station in Garden City, Idaho. Approximately $385 was taken from the station's cash drawer and safe. Both Petitioner Lacey Sivak and his co-defendant Randall Bainbridge (who was tried separately) admitted that they were present when the crime occurred, but each insisted that the other was responsible for the murder and robbery. The jury...

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