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HARRISON v. GILLESPIE

No. 08-16602.

596 F.3d 551 (2010)

James M. HARRISON, Petitioner-Appellant, v. RJJ Douglas GILLESPIE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted August 14, 2009.

Filed February 22, 2010.

Attorney(s) appearing for the Case

JoNell Thomas (argued), David M. Schieck, Scott L. Bindrup, Clark County Special Public Defender, Bret O. Whipple, Law Office of Bret Whipple, Las Vegas, NV, for the petitioner-appellant.

Steven S. Owens, Clark County District Attorney, Las Vegas, NV, for the respondent-appellee.

Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.

ORDER AND OPINION

ORDER

At the time of Harrison's sentencing trial and all state court proceedings related to the denial of his motion to strike the death penalty, the Nevada Supreme Court had interpreted the relevant statutory provisions to require that "[t]o obtain a death sentence, the State must prove beyond a reasonable doubt that at least one aggravating circumstance exists and that the aggravating circumstance or circumstances outweigh any...

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