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DePETRIS v. KUYKENDALL

No. 99-56126.

239 F.3d 1057 (2001)

Kelly A. DePETRIS, Petitioner-Appellant, v. Lew KUYKENDALL; James Gomez, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2001.

Attorney(s) appearing for the Case

Cliff Gardner, San Francisco, California, for the appellant.

Eric D. Share, Deputy Attorney General, San Francisco, California, for the appellee.

Before: JAMES R. BROWNING, JOHN T. NOONAN, and BARRY G. SILVERMAN, Circuit Judges.

Argued and Submitted May 5, 2000 — Pasadena, California.

Opinion by Judge SILVERMAN; Concurrence and Dissent by Judge NOONAN.

SILVERMAN, Circuit Judge:

Petitioner Kelly DePetris shot and killed her husband Dana DePetris while he was asleep in bed. At trial, she claimed "imperfect self-defense" — that is, she claimed to have had an actual, honest belief that she was in imminent danger even if such a belief was objectively unreasonable...

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