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GOLLEHON v. MAHONEY

No. 09-99011.

626 F.3d 1019 (2010)

William Jay GOLLEHON, Petitioner-Appellant, v. Michael MAHONEY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2010.

Attorney(s) appearing for the Case

Michael Donahoe , Senior Litigator, Federal Defenders of Montana, Helena, MT, argued the cause for the petitioner-appellant and filed briefs. With him on the briefs was Anthony R. Gallagher , Federal Defender, Federal Defenders of Montana, Helena, MT.

John Paulson , Assistant Attorney General, Helena, MT, argued the cause for the respondent-appellee and filed a brief. With him on the brief was Steve Bullock , Montana Attorney General, Helena, MT.

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

OPINION

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether a state court defendant lacked fair notice as a matter of federal Constitutional law that aiding and abetting a deliberate homicide would subject him to the death penalty in Montana.

I

A

On September 2, 1990, the badly beaten body of inmate Gerald Pileggi was found lying in the exercise yard of the Montana State Prison in Deer Lodge, Montana.

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