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SMITH v. DAVIS

No. 17-15874.

953 F.3d 582 (2020)

Anthony Bernard SMITH, Jr., Petitioner-Appellant, v. Ron DAVIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2020.

Attorney(s) appearing for the Case

David M. Porter (argued), Assistant Federal Defender; Heather E. Williams , Federal Defender; Federal Defenders of the Eastern District of California, Sacramento, California; for Petitioner-Appellant.

Justain P. Riley (argued), Deputy Attorney General; Tami Krenzin , Supervising Deputy Attorney General; Michael P. Farrell , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Sacramento, California; for Respondent-Appellee.

Dissent by Judge Berzon.

OPINION

Anthony Smith is imprisoned in the custody of the California Department of Corrections and Rehabilitation having been convicted of burglary, robbery, and forcible oral copulation. He appeals the district court's denial of his petition for the writ of habeas corpus. The denial was ordered solely because Smith...

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