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BROWNING v. BAKER

No. 15-99002.

871 F.3d 942 (2017)

Paul L. BROWNING, Petitioner-Appellant, v. Renee BAKER, Warden; Adam Paul Laxalt, Attorney General of the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2017.

Attorney(s) appearing for the Case

Timothy K. Ford (argued), MacDonald Hoague & Bayless, Seattle, Washington; Mark A. Larrañaga and Jacqueline K. Walsh , Walsh & Larrañaga, Seattle, Washington; for Petitioner-Appellant.

Victor-Hugo Schulze II (argued), Senior Deputy Attorney General; Thom Gover , Chief Deputy Attorney General; Adam Paul Laxalt , Attorney General; Office of the Attorney General, Las Vegas, Nevada; for Respondents-Appellees.

Maureen P. Alger and Lori R. Mason , Cooley LLP, Palo Alto, California; Reed A. Smith , Cooley LLP, New York, New York; for Amicus Curiae The Innocence Network.

Dissent by Judge Callahan.

OPINION

Nevada state prisoner Paul Browning appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. In 1986, a Nevada jury found Browning guilty of four crimes involving the robbery and murder of Hugo Elsen in a Las Vegas jewelry store. The jury sentenced Browning...

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