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SHELTON v. MARSHALL

No. 13-15707.

796 F.3d 1075 (2015)

Joseph P. SHELTON, Petitioner, v. John C. MARSHALL; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 25, 2014.

Submitted August 7, 2015.

Filed August 7, 2015.

Attorney(s) appearing for the Case

William L. Osterhoudt (argued) and Dolores T. Osterhoudt , Law Offices of William L. Osterhoudt, San Francisco, CA, for Petitioner-Appellant.

Peggy S. Ruffra (argued), Supervising Deputy Attorney General; Kamala Harris , Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Gerald A. Engler , Senior Assistant Attorney General; Christopher J. Wei , Deputy Attorney General, San Francisco, CA, for Respondent-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge and STEPHEN REINHARDT and MORGAN CHRISTEN, Circuit Judges.

OPINION

Joseph Shelton, who is serving 40 years to life for the brutal kidnapping and murder of Kevin Thorpe and Laura Craig in 1981, appeals from the denial of his petition for a writ of habeas corpus. We hold that the prosecution's suppression of a material part of its deal with a key witness, Norman Thomas...

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