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DICKINSON v. SHINN

No. 20-15175.

2 F.4th 851 (2021)

Zane DICKINSON, Petitioner-Appellant, v. David SHINN, Director; Attorney General for the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2021.

Attorney(s) appearing for the Case

Molly A. Karlin (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

Jillian B. Francis (argued) and Jason D. Lewis , Assistant Attorneys General; J.D. Nielsen , Habeas Unit Chief; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellees.

Before: Richard C. Tallman, Jay S. Bybee, and Bridget S. Bade, Circuit Judges.

OPINION

During Zane Dickinson's trial for attempted second-degree murder, the court misstated Arizona law in its instructions to the jury, and his trial counsel failed to object to the erroneous instruction. With different counsel, Dickinson challenged the error on direct appeal; the Arizona Court of Appeals affirmed...

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