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FORD v. PEERY

No. 18-15498.

976 F.3d 1032 (2020)

Keith Undray FORD, Petitioner-Appellant, v. Suzanne M. PEERY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2020.

Attorney(s) appearing for the Case

Barry Morris (argued), Walnut Creek, California, for Petitioner-Appellant.

Kristin Liska (argued), Associate Deputy Solicitor General; Jill M. Thayer , Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Jeffrey M. Laurence , Senior Assistant Attorney General; Lance E. Winters , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Attorney General's Office, San Francisco, California; for Respondent-Appellee.

Dissent by Judge R. Nelson.

OPINION

In August 2010, Ruben Martinez was shot and killed in Vallejo, California. Keith Ford was charged with first degree murder with three firearm enhancements. Ford was tried in the California Superior Court for Solano County in August 2012.

During closing argument, at the end of his rebuttal, the...

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