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DEERE v. CULLEN

No. 10-99013.

718 F.3d 1124 (2013)

Ronald Lee DEERE, AKA Running Deer, Petitioner-Appellee, v. Vince CULLEN, Acting Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2013.

Attorney(s) appearing for the Case

Lise S. Jacobson (argued), Deputy Attorney General for the State of California, San Diego, CA, for Respondent-Appellant.

Michael Satris (argued), Bolinas, CA; and Diana Samuelson , San Francisco, CA, for Petitioner-Appellee.

Opinion by Judge SILVERMAN; Dissent by Judge W. FLETCHER.

OPINION

SILVERMAN, Circuit Judge:

Ronald Deere threatened to kill everyone in Cindy Gleason's family if she were ever to break up with him. On March 4, 1982, Deere made good on his threat. Upset that Cindy had left him, Deere shot and killed Cindy's brother-in-law, Don Davis, and Davis's two young daughters, ages 7 and 2.

Deere was arrested a few days later. After having been appointed a lawyer, he expressed...

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