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MONTIEL v. CHAPPELL

No. 15-99000.

43 F.4th 942 (2022)

Richard Galvan MONTIEL, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2022.

Attorney(s) appearing for the Case

David A. Senior (argued) and Matthew L. Weston , McBreen & Senior, Los Angeles, California; Saor E. Stetler , Mill Valley California; for Petitioner-Appellant.

Julie A. Hokans (argued), Supervising Deputy Attorney General; Sean M. McCoy and Ivan P. Marrs , Deputy Attorneys General; Kenneth N. Sokoler , Supervising Deputy Attorney General; Michael P. Farrell and James William Bilderback II , Senior Assistant Attorneys General; Rob Bonta , Attorney General; Office of the Attorney General, Sacramento, California; for Respondent-Appellee.

Before: William A. Fletcher, Andrew D. Hurwitz, and Michelle T. Friedland, Circuit Judges.

OPINION

In 1979, Richard Galvan Montiel was convicted by a California jury of the robbery and murder of Gregorio Ante, as well as the robbery of Eva Mankin. He was sentenced to death in 1986, following a penalty-phase retrial. The California Supreme Court affirmed Montiel...

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