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BROWN v. FARWELL

No. 07-15592.

525 F.3d 787 (2008)

Troy Don BROWN, Petitioner-Appellee, v. Craig FARWELL, Warden, and The Attorney General of The State of Nevada, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2008.

Attorney(s) appearing for the Case

Catherine Cortez Masto, Attorney General, Erik A. Levin, Deputy Attorney General, Criminal Justice Division, Carson City, NV, for the respondent-appellant.

Franny Forsman, Federal Public Defender, Paul G. Turner, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellee.

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

At Petitioner Troy Brown's trial for sexual assault, the Warden and State's ("Respondents") deoxyribonucleic acid ("DNA") expert provided critical testimony that was later proved to be inaccurate and misleading. Respondents have conceded at least twice that, absent this faulty DNA testimony, there was not sufficient evidence to sustain Troy's conviction.1 In light of these...

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