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PIZZUTO v. YORDY

No. 16-36082.

947 F.3d 510 (2019)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. Keith YORDY, Warden, Idaho Maximum Security Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2019.

Amended December 31, 2019.

Attorney(s) appearing for the Case

Joan M. Fisher (argued), Assistant Federal Defender; Heather E. Williams , Federal Defender; Office of the Federal Public Defender, Sacramento, California; Bruce D. Livingston and Jonah Horwitz , Assistant Federal Public Defenders, Federal Defenders of Idaho, Capital Habeas Unit, Boise, Idaho; for Petitioner-Appellant.

L. LaMont Anderson (argued), Chief, Capital Litigation Unit; Lawrence G. Wasden , Attorney General; Criminal Law Division, Office of the Attorney General, Boise, Idaho; for Respondent-Appellee.

Before: Raymond C. Fisher, Ronald M. Gould and Johnnie B. Rawlinson, Circuit Judges.

OPINION

Gerald Ross Pizzuto, Jr., appeals the district court's denial of his successive petition for a writ of habeas corpus, in which he sought relief based on the United States Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). In Atkins...

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