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DEMETRULIAS v. DAVIS

No. 14-99000.

14 F.4th 898 (2021)

Gregory Spiros DEMETRULIAS, Petitioner-Appellant, v. Ronald DAVIS, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2021.

Attorney(s) appearing for the Case

Lauren Collins (argued) and Michael D. Weinstein , Deputy Federal Public Defenders; Cuahtemoc Ortega , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Teresa Torreblanca (argued), Deputy Attorney General; Holly D. Wilkens , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Before: M. Margaret McKeown, Kim McLane Wardlaw, and Ronald M. Gould, Circuit Judges.

OPINION

In 1995, Gregory Spiros Demetrulias was sentenced to death for the fatal stabbing of Robert Miller. At trial, Demetrulias admitted to killing Miller, but claimed that he did so in a struggle initiated by Miller when Demetrulias visited his home to collect a $40 debt that Miller owed him. The prosecution...

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