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HARDY v. CHAPPELL

No. 13-56289.

832 F.3d 1128 (2016)

James Edward HARDY, Petitioner-Appellant, v. Kevin CHAPPELL, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2016.

Attorney(s) appearing for the Case

Elizabeth Richardson-Royer (argued), Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Federal Public Defender's Office, Los Angeles, California; for Petitioner-Appellant.

Colleen M. Tiedemann (argued), Deputy Attorney General; Kenneth C. Bryne , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Dissent by Judge Callahan.

OPINION

During the night of May 20, 1981, someone entered the apartment of Clifford and Nancy Morgan and brutally stabbed Nancy Morgan and their eight-year-old son to death. According to the State of California, that someone was James Edward Hardy. The State argued that theory at trial, obtaining a conviction and...

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