SMITH v. BAKER

No. 14-99003.

983 F.3d 383 (2020)

Joseph Weldon SMITH, Petitioner-Appellant, v. Renee BAKER, Warden; Aaron D. Ford, Attorney General of the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2020.

Decided December 21, 2020.


Attorney(s) appearing for the Case

Robert Fitzgerald (argued), David Anthony , Heather Fraley , Brad D. Levenson , and Ellesse Henderson , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada, for Petitioner-Appellant.

Jeffrey M. Conner (argued), Deputy Solicitor General; Victor-Hugo Schulze II , Senior Deputy Attorney General; Heidi Parry Stern , Chief Deputy Attorney General; Aaron D. Ford , Attorney General; Office of the Attorney General, Carson City, Nevada; for Respondents-Appellees.

Before: N. Randy Smith, Mary H. Murguia, and Morgan Christen, Circuit Judges.


ORDER

The opinion filed on May 21, 2020, and appearing at 960 F.3d 522, is amended as follows:

At 522 F.3d at 544, at the end of the paragraph that begins with "Brecht's harmlessness test asks ...," add: "Here, we see no reason to suspect that the arguments presented by the State or the defense...

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