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FARMER v. McDANIEL

No. 10-99017.

666 F.3d 1228 (2012)

Robert Jeffrey FARMER, Petitioner-Appellant, v. E.K. McDANIEL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2012.

Attorney(s) appearing for the Case

Michael Pescetta , Office of the Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.

Robert Wieland , Office of the Attorney General, Reno, NV, for the respondent-appellee.

Before: STEPHEN S. TROTT and CARLOS T. BEA, Circuit Judges, and REBECCA R. PALLMEYER, District Judge.

OPINION

BEA, Circuit Judge:

Robert Farmer was sentenced to death in Nevada in 1984 after a three-judge post-conviction sentencing panel found the existence of two statutory aggravating circumstances, both of which were based on the murder's commission in the course of other felonies. The panel found no mitigating circumstances. However, Farmer's death sentence was vacated in 2007 after the Nevada Supreme Court held that it was unconstitutional to use as...

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