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DEMIRDJIAN v. GIPSON

No. 09-56453.

832 F.3d 1060 (2016)

Michael DEMIRDJIAN, Petitioner-Appellant, v. Connie GIPSON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2016.

Attorney(s) appearing for the Case

Mark J. Geragos (argued), Geragos & Geragos, Los Angeles, California, for Petition-Appellant.

Jason Tran (argued), Deputy Attorney General; Kenneth C. Byrne , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Dissent by Judge Noonan

OPINION

Michael Demirdjian appeals the denial of his 28 U.S.C. § 2254 habeas petition. In 2001, he was convicted of murdering two teenage boys with intent to inflict torture; he was 15 years old at the time of the crimes. During closing argument, the prosecution repeatedly commented on the defense's failure...

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