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GODOY v. SPEARMAN

No. 13-56024.

834 F.3d 1078 (2016)

Enrique Anthony GODOY, Petitioner-Appellant, v. Marion SPEARMAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2016.

Attorney(s) appearing for the Case

Stephanie M. Adraktas (argued), Berkeley, California, for Petitioner-Appellant.

Stephanie A. Miyoshi (argued) and Colleen M. Tiedemann , Deputy Attorneys General; Lance E. Winters , Senior Assistant Attorney General; Gerald Engler , Chief Assistant Attorney General; Kamela D. Harris , Attorney General of California; Office of the Attorney General, Los Angeles, California, for Respondent-Appellee.

Dissent by Judge Fisher.

OPINION

We must decide whether a state appellate court's affirmance of a conviction for second degree murder, along with its denial of a request for an evidentiary hearing and for a continuance, were contrary to, or involved an unreasonable application of, clearly established federal constitutional law.

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