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ROGERS v. McDANIEL

Nos. 11-99009, 11-99010.

793 F.3d 1036 (2015)

Mark ROGERS, Petitioner-Appellee/Cross-Appellant, v. E.K. McDANIEL; Catherine Cortez Masto, Respondents-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2015.

Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, Robert E. Weiland (argued), Senior Deputy Attorney General, Office of the Nevada Attorney General, Reno, NV, for Respondents-Appellants/Cross-Appellees.

Rene Valladares , Federal Public Defender, Michael Pescetta (argued), Tiffani D. Hurst , and Randolph Fiedler , Assistant Federal Public Defenders, Federal Public Defender's Office, Las Vegas, NV, for Petitioner-Appellee/Cross-Appellant.

Before: BARRY G. SILVERMAN, RONALD M. GOULD, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

Through its officials, the state of Nevada appeals the district court's grant of partial habeas corpus relief to petitioner Mark Rogers, a Nevada prisoner who has been sentenced to death. Rogers cross-appeals from the district court's decision not to stay habeas corpus proceedings due to Rogers's purported...

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