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SMITH v. BAKER

No. 14-99003.

960 F.3d 522 (2020)

Joseph Weldon SMITH, Petitioner-Appellant, v. Renee BAKER, Warden; Aaron D. Ford, Attorney General of the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2020.

Attorney(s) appearing for the Case

Robert Fitzgerald (argued), David Anthony , Heather Fraley , and Brad D. Levenson , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada, for Petitioner-Appellant.

Jeffrey Morgan Conner (argued), Deputy Assistant Attorney General; Victor-Hugo Schulze II , Senior Deputy Attorney General; Heidi Parry Stern , Chief Deputy Attorney General; Office of the Attorney General, Las Vegas, Nevada; for Respondents-Appellees.

Concurrence by Judge N.R. Smith.

OPINION

In 1992, a Nevada jury convicted Joseph Weldon Smith of three counts of first degree murder with use of a deadly weapon for beating and strangling his wife, Judith Smith, and his step-daughters, Wendy Jean Cox and Kristy Cox. The women were killed in a home the Smiths were renting in Henderson, Nevada....

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