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MEROLILLO v. YATES

No. 08-56952.

663 F.3d 444 (2011)

Marc Clayton MEROLILLO, Petitioner-Appellant, v. James YATES, Warden PVSP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2011.

Attorney(s) appearing for the Case

Tony F. Farmani, Esquire , San Diego, CA, for the petitioner-appellant.

Teresa Torreblanca , Deputy Attorney General, Attorney General of California, San Diego, CA, for the respondent-appellee.

Christopher P. Beesley , Deputy Attorney General, Attorney General of California, San Diego, CA, for the respondent-appellee.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and GLORIA M. NAVARRO, District Judge.

OPINION

NAVARRO, District Judge:

Marc Clayton Merolillo appeals the district court's denial of his federal habeas petition. Merolillo was convicted in California state court of first degree murder. At trial, the key issue of whether Merolillo contributed to the victim's death from a ruptured dissecting aortic aneurysm was disputed by three expert witnesses.

Merolillo challenges the admission at trial of the non-testifying autopsy pathologist's opinion...

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