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RICHTER v. HARRINGTON

No. 06-15614.

643 F.3d 1238 (2011)

Joshua RICHTER, Petitioner-Appellant, v. Kelly HARRINGTON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 11, 2011.

Attorney(s) appearing for the Case

Cliff Gardner , Oakland, CA, for the petitioner-appellant.

Harry Joseph Colombo , Deputy Attorney General, John G. McLean , Supervising Deputy Attorney General, and Mark Anthony Johnson , Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, BARRY G. SILVERMAN, KIM McLANE WARDLAW, RAYMOND C. FISHER, RICHARD A. PAEZ, JAY S. BYBEE, MILAN D. SMITH, JR. and SANDRA S. IKUTA, Circuit Judges.

OPINION

PER CURIAM:

In a previous en banc opinion, we held that Richter's trial counsel provided him constitutionally ineffective assistance because he failed to consult or call forensic experts to explain a pool of blood found at the crime scene. See Richter v. Hickman, 578 F.3d 944, 968 (9th Cir.2009) (en banc). The Supreme Court reversed, holding that the state...

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