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FAUBER v. DAVIS

No. 17-99001.

43 F.4th 987 (2022)

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

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2022.

Attorney(s) appearing for the Case

John S. Crouchley (argued) and Ajay V. Kusnoor , Deputy Federal Public Defenders; Cuauhtemoc Ortega , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Jonathan Matthew Krauss (argued), A. Scott Hayward , and Xiomara Costello , Deputy Attorneys General; James William Bilderback II and Dana M. Ali , Supervising Deputy Attorneys General; Lance W. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Dissent by Judge Watford

OPINION

In 1988, a California jury sentenced Curtis Fauber to death for murdering Thomas Urell with an ax. The California Supreme Court affirmed Fauber's conviction and sentence on direct appeal and later denied his state habeas petition. Fauber now seeks federal habeas relief. He argues that the state prosecutor...

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