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ECHAVARRIA v. FILSON

Nos. 15-99001, 17-15560.

896 F.3d 1118 (2018)

Jose L. ECHAVARRIA, Petitioner-Appellee/Petitioner-Appellant, v. Timothy FILSON, Warden; Adam Paul Laxalt, Attorney General, Respondents-Appellants/Respondents/Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2018.

Attorney(s) appearing for the Case

Jeffrey Morgan Conner (argued), Deputy Attorney General; Adam Paul Laxalt , Attorney General; Carson City, Nevada, for Respondents-Appellants/Appellees.

Randolph Fiedler (argued), Sylvia A. Irvin , and Michael Pescetta , Assistant Federal Public Defenders; Rene Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Petitioner-Appellee/Appellant.

Before: William A. Fletcher, Marsha S. Berzon, and Jacqueline H. Nguyen, Circuit Judges.

OPINION

In this capital case, the State of Nevada appeals from a grant of habeas corpus to Petitioner Jose Echavarria. Echavarria was convicted and sentenced to death for killing an agent of the Federal Bureau of Investigation ("FBI"). Several years earlier, that same FBI agent had investigated for possible...

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