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MILKE v. RYAN

No. 07-99001.

711 F.3d 998 (2013)

Debra Jean MILKE, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2013.

Attorney(s) appearing for the Case

Lori L. Voepel (argued), Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ; Michael D. Kimerer , Kimerer & Derrick, P.C., Phoenix, AZ, for Petitioner-Appellant.

Terry Goddard , Attorney General, Kent Cattani , Chief Counsel, Capital Litigation Section and Julie A. Done (argued), Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for Respondents-Appellees.

Opinion by Chief Judge KOZINSKI; Concurrence by Chief Judge KOZINSKI.

OPINION

KOZINSKI, Chief Judge:

In 1990, a jury convicted Debra Milke of murdering her four-year-old son, Christopher. The judge sentenced her to death. The trial was, essentially, a swearing contest between Milke and Phoenix Police Detective Armando Saldate, Jr. Saldate testified that Milke, twenty-five at the time, had confessed when he interviewed her shortly after the murder; Milke protested her innocence and denied confessing. There were no other witnesses...

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