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GIBBS v. COVELLO

No. 17-55456, No. 18-55130.

996 F.3d 596 (2021)

Raymond Lequan GIBBS, Petitioner-Appellant, v. Patrick COVELLO, Respondent-Appellee. Deyaa Khalill, Petitioner-Appellant, v. W. L. Montgomery, Acting Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2021.

Attorney(s) appearing for the Case

Tracy Casadio (argued) and Mark R. Drozdowski , Deputy Federal Public Defenders; Amy M. Karlin , Interim Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant Raymond Lequan Gibbs.

Fay Arfa (argued), Fay Arfa A Law Corporation, Los Angeles, California, for Petitioner-Appellant Deyaa Khalill.

Lindsay Boyd (argued), Deputy Attorney General; Stephanie C. Brenan , Supervising Deputy Attorney General; Susan Sullivan Pithey , Senior Assistant Attorney General; Lance E. Winters , Chief Assistant Attorney General; Los Angeles, California, for Respondents-Appellees.

Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit Judges.

OPINION

Raymond Gibbs and Deyaa Khalill were charged with murder in California state court. The key prosecution witness was Samuel Feissa, an informant who said that both men had confessed to the crime. At trial, Feissa invoked the Fifth Amendment and refused to testify, so the court read to the jury a transcript...

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