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LEAVITT v. ARAVE

No. 08-99002.

646 F.3d 605 (2011)

Richard A. LEAVITT, Petitioner-Appellee, v. Arvon J. ARAVE, of the Idaho State Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2011.

Attorney(s) appearing for the Case

L. LaMont Anderson , (argued), Deputy Attorney General, Chief, Capital Litigation Unit, Criminal Law Division, Boise, ID, for respondent-appellant and Lawrence G. Wasden , Attorney General of Idaho, Boise, ID.

David Z. Nevin , (argued), Nevin, Benjamin, McKay, & Bartlett, LLP, Boise, Idaho and Andrew Parnes , (argued), Ketchum, ID, for petitioner-appellee.

Opinion by Chief Judge KOZINSKI; Dissent by Judge REINHARDT.

OPINION

KOZINSKI, Chief Judge:

With fifteen strokes of his knife, Richard Leavitt slashed and stabbed Danette Elg to death in her bedroom. Then, as Ms. Elg lay dying on top of her punctured waterbed, Leavitt hacked out her womanhood—just as his ex-wife had seen him do to "play[ ] with the female sexual organs of a deer." State v. Leavitt, (Leavitt I), 116 Idaho 285, 775 P.2d 599<...

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