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BLAIR v. MARTEL

No. 01-99003.

645 F.3d 1151 (2011)

James Nelson BLAIR, Petitioner-Appellant, v. Michael MARTEL, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2011.

Attorney(s) appearing for the Case

Statia Peakheart and C. Pamela Gomez , Deputy Federal Public Defenders, Los Angeles, CA, for the petitioner-appellant.

A. Scott Hayward , Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: STEPHEN REINHARDT, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Petitioner James Nelson Blair seeks a writ of habeas corpus. He argues that the California Supreme Court's delay in resolving the direct appeal from his murder conviction and death sentence denied his right to due process under the Fourteenth Amendment. Because no Supreme Court decision clearly establishes such a right, we affirm the denial of the writ.

I. Background

We described the facts that led...

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