COMSTOCK v. HUMPHRIES

No. 14-15311.

786 F.3d 701 (2015)

Stephen D. COMSTOCK, Petitioner-Appellant, v. Stefanie HUMPHRIES; Nevada Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2015.


Attorney(s) appearing for the Case

Ryan Norwood (argued), Assistant Federal Public Defender; Rene Valladares, Federal Public Defender, Las Vegas, NV, for Petitioner-Appellant.

Victor-Hugo Schulze, II (argued), Senior Deputy Attorney General; Catherine Cortez Masto, Attorney General, Office of the Attorney General of Nevada, Las Vegas, NV, for Respondents-Appellees.

Before: MARSHA S. BERZON, JAY S. BYBEE, and JOHN B. OWENS, Circuit Judges.


OPINION

In March 2004, a Nevada jury found Stephen Comstock guilty of possessing stolen property — a ring commemorating Randy Street's 1991-1992 national college wrestling championship. The State's theory at trial was that Comstock or Danny Carter, a known burglar, stole the ring from Street's apartment, and...

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