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BEN-SHOLOM v. AYERS

No. 09-99014.

674 F.3d 1095 (2012)

Chay'Im BEN-SHOLOM, AKA Ryan Michael Marshall, Petitioner-Appellant, v. Robert L. AYERS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2012.

Attorney(s) appearing for the Case

Michael R. Levine (argued), Law Office of Michael R. Levine, Portland, OR; Michael Snedeker (argued), Snedeker and Short, Portland, OR, for the petitioner-appellant.

Lewis A. Martinez (argued), Office of the Attorney General of California, Fresno, CA, for the respondent-appellee.

Before: M. MARGARET McKEOWN, RICHARD R. CLIFTON, and JAY S. BYBEE, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

This appeal stems from the murder of Silva Teague during a burglary and robbery gone wrong in rural California. In 1986, Chay'im Ben-Sholom1 was convicted of the murder and sentenced to death. In 2008, the district court granted habeas relief as to Ben-Sholom's claim of ineffective assistance of counsel during the penalty phase of trial, vacated the capital sentence, and ordered a re-trial as to...

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