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EARP v. DAVIS

No. 15-56989.

881 F.3d 1135 (2018)

Ricky Lee EARP, Petitioner-Appellant, v. Ron DAVIS, Warden of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2018.

Attorney(s) appearing for the Case

Robert S. Gerstein (argued), Santa Monica, California; Statia Peakheart , Los Angeles, California; Emily J.M. Groendyke , Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

James William Bilderback II (argued), Supervising Deputy Attorney General; A. Scott Hayward , Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Before: Jerome Farris, Richard C. Tallman, and N. Randy Smith, Circuit Judges.

OPINION

California state prisoner Ricky Earp appeals the district court's order denying his 28 U.S.C. § 2254 habeas corpus petition. In his petition, Earp claims that the California state court improperly denied his motion for a new trial based on the State's prosecutorial misconduct. This case comes to us...

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