ERVIN v. DAVIS

No. 16-99010.

12 F.4th 1102 (2021)

Curtis Lee ERVIN, Petitioner-Appellant, v. Ronald DAVIS, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2021.


Attorney(s) appearing for the Case

Pamala Sayasane (argued), Law Office of Pamala Sayasane, San Francisco, California; Robert R. Bryan (argued), Law Office of Robert R. Bryan, San Francisco, California; for Petitioner-Appellant.

Allan I. Yannow (argued), Deputy Attorney General; Glenn R. Pruden , Supervising Deputy Attorney General; Ronald S. Matthias , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, San Francisco, California; for Respondent-Appellee.

Before: Ronald M. Gould, John B. Owens, and Danielle J. Forrest, Circuit Judges.


OPINION

Curtis Ervin appeals from the denial of his 28 U.S.C. § 2254 habeas petition seeking relief from his first-degree murder conviction and death sentence. We have jurisdiction under 28 U.S.C. § 1291. In light of the Supreme Court's recent decision in Flowers v. Mississippi, ___ U.S. ___, 139...

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