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ANDREWS v. DAVIS

Nos. 09-99012, 09-99013.

944 F.3d 1092 (2019)

Jesse James ANDREWS, Petitioner-Appellant/Cross-Appellee, v. Ron DAVIS, Respondent-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2019.

Attorney(s) appearing for the Case

Michael Burt (argued), Law Office of Michael Burt, San Francisco, California, for Petitioner-Appellant/Cross-Appellee.

Xiomara Costello (argued), Keith H. Borjon , and James William Bilderback II , Supervising Deputy Attorneys General; A. Scott Hayward , Sarah J. Farhat , and Shira Siegle Markovich , Deputy Attorneys General; Michael J. Mongan , Deputy Solicitor General; Lance E. Winters and Ronald S. Matthias , Senior Assistant Attorneys General; Dane R. Gillette and Gerald A. Engler , Chief Assistant Attorneys General; Edward C. DuMont , Solicitor General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Partial Concurrence and Partial Dissent by Judge N.R. Smith.

OPINION

Jesse Andrews was sentenced to death by a jury that only knew the State's view of him. He was, according to the prosecutor, a "vicious animal." The jury, however, did not know—because it was never told— anything about Andrews's upbringing in...

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