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VISCIOTTI v. MARTEL

No. 11-99008.

839 F.3d 845 (2016)

John Louis VISCIOTTI, Petitioner-Appellant, v. Michael MARTEL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2016.

Attorney(s) appearing for the Case

Mark R. Drozdowski (argued), Deputy Federal Public Defender; K. Elizabeth Dahlstrom , Deputy Federal Public Defender, Research & Writing Specialist; Office of the Federal Public Defender, Los Angeles, California; Statia Peakheart, Attorney-At-Law, Los Angeles, CA, for Petitioner-Appellant.

Meagan J. Beale (argued), Deputy Attorney General; Holly Wilkens , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Concurrence by Judge Berzon

OPINION

In 1983, an Orange County jury convicted John Visciotti of first-degree murder, attempted murder, and robbery. The same jury then sentenced Visciotti to death.

On direct, automatic appeal, the California Supreme Court affirmed the judgment in its entirety. People v. Visciotti,

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