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CHAVEZ v. BRNOVICH

No. 21-15454.

42 F.4th 1091 (2022)

Lino Alberto CHAVEZ, Petitioner-Appellee, v. Mark BRNOVICH, Attorney General; David Shinn, Director, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2022.

Attorney(s) appearing for the Case

Andrew Stuart Reilly (argued), Assistant Attorney General; J.D. Nielsen , Habeas Unit Chief; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellants.

Randal McDonald (argued), Law Office of Randal B. McDonald PLLC, Phoenix, Arizona, for Petitioner-Appellee.

Before: Andrew J. Kleinfeld, D. Michael Fisher, and Mark J. Bennett, Circuit Judges.

OPINION

Lino Alberto Chavez, an Arizona prisoner, pleaded guilty to one count of second-degree murder and was sentenced to sixteen years. Because pleading defendants in noncapital cases in Arizona are prohibited from taking a direct appeal, Chavez challenged his conviction...

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