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McNEIL v. MIDDLETON

No. 01-56565.

402 F.3d 920 (2005)

Sally Marie McNEIL, Petitioner-Appellant, v. Raymond L. MIDDLETON; Bill Lockyer, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

March 29, 2005.

Attorney(s) appearing for the Case

Charles R. Khoury, Jr., Wilton, NH, for the petitioner-appellant.

Warren P. Robinson, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before: BEEZER, FERNANDEZ, and PAEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

We fully outlined the background of this case in our first opinion,1 and will not repeat all of its shocking details here. Suffice it to say that McNeil took a shotgun and fired it into the midsection of her husband while he was cooking. Not feeling that she had done enough damage, she then reloaded the weapon and shot him in the face. The first shot caused so much damage that his liver was protruding out of his...

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