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PARADIS v. ARAVE

No. 96-35670.

130 F.3d 385 (1997)

Donald M. PARADIS, Petitioner-Appellant, v. A.J. ARAVE, Warden, Idaho State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1997.

Attorney(s) appearing for the Case

Edwin S. Matthews, Jr., Coudert Brothers, New York, New York, and William L. Mauk, Mauk & Smith, Boise, Idaho, for petitioner-appellant.

Lynn E. Thomas, Solicitor General, Boise, Idaho, for respondent-appellee.

Before: CANBY and TASHIMA, Circuit Judges, and SILVER, District Judge.

TASHIMA, Circuit Judge:

I. OVERVIEW

Donald M. Paradis was convicted of the murder of Kimberly Palmer in Idaho and sentenced to death. In November 1995, before his second petition for post-conviction relief in the Idaho state courts had been decided, Paradis filed his second petition for habeas corpus relief in federal district court. In January 1996, Paradis discovered new evidence. His motion to augment the record and for leave to file a supplemental brief...

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