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FOX v. JOHNSON

No. 13-56704.

832 F.3d 978 (2016)

Candace L. FOX, Petitioner-Appellant, v. Deborah K. JOHNSON, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted August 1, 2016 Pasadena, California.

Filed August 8, 2016.

Attorney(s) appearing for the Case

Michael Parente (argued), Assistant Federal Public Defender; Sean K. Kennedy , Federal Public Defender; Federal Public Defender's Office, Los Angeles, California; for Petitioner-Appellant.

David Wildman (argued) and Jason Tran , Deputy Attorneys General; Lance E. Winters , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Dissent by Judge Reinhardt.

OPINION

Candace Lee Fox pleaded guilty to second-degree murder in 1984 in California Superior Court and, pursuant to a plea agreement, was sentenced to a term of imprisonment of fifteen years to life. Approximately five years later, Fox successfully petitioned to withdraw her guilty plea after establishing that...

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