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TRILLO v. BITER

No. 11-15463.

754 F.3d 1085 (2014)

Victor Bernard TRILLO, Petitioner-Appellant, v. Martin BITER, Acting Warden; Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 2014.

Attorney(s) appearing for the Case

Steven C. Sanders (argued), Sanders & Associates, West Sacramento, CA, for Petitioner-Appellant.

R. Todd Marshall (argued), Deputy Attorney General, Kamala D. Harris , Attorney General of California, Michael P. Farrell , Senior Assistant Attorney General, and Catherine Chatman , Supervising Deputy Attorney General, Sacramento, CA, for Respondents-Appellees.

Before: J. CLIFFORD WALLACE, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

After Victor Trillo was convicted of second-degree murder by a trial court of the State of California, his conviction affirmed by the California Court of Appeal, and his state collateral remedies exhausted, he filed this habeas petition pursuant to 28 U.S.C. § 2254. The district court denied the petition. Trillo appealed. We granted a certificate of appealability on three issues: "(1) whether the prosecutor [in Trillo...

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