ELLIS v. HARRISON

No. 16-56188.

947 F.3d 555 (2020)

Ezzard Charles ELLIS, Petitioner-Appellant, v. C. M. HARRISON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2020.


Attorney(s) appearing for the Case

Patricia A. Young (argued) and Mark Yim , Deputy Federal Public Defenders; Hilary Potashner , Margo A. Rocconi , Federal Public Defenders; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Michael J. Mongan (argued) and Christine Y. Friedman , Deputy Attorneys General; Daniel Rogers , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; for Respondent-Appellee.

Kent S. Scheidegger (argued) and Kymberlee C. Stapleton , Criminal Justice Legal Foundation, Sacramento, California, for Amicus Curiae Criminal Justice Legal Foundation.

Nathaniel P. Garrett , Jones Day, San Francisco, California; David M. Porter , Co-Chair, NACDL Amicus Committee, Sacramento, California; for Amicus Curiae National Association of Criminal Defense Lawyers.

Jason Anderson , District Attorney; Robert Brown , Chief Deputy District Attorney; Sean Daugherty , Supervising District Attorney; Mark Vos , Deputy District Attorney; San Bernardino County District Attorney's Office, San Bernardino, California; for Amicus Curiae San Bernardino County District Attorney.

Dissent by Judge Callahan


ORDER

Ezzard Ellis appeals from the district court's denial of his petition for a writ of habeas corpus. On appeal, the State of California initially defended the district court's judgment, and a three-judge panel of our court affirmed. Ellis v. Harrison, 891 F.3d 1160, 1166 (9th Cir. 2018) (per curiam), reh'g en banc granted, 914 F.3d 1188

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