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CRESPIN v. RYAN

No. 18-15073.

46 F.4th 803 (2022)

Freddie CRESPIN, Petitioner-Appellee, v. Charles L. RYAN; Attorney General for the State of Arizona, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 19, 2019.

Resubmitted August 12, 2022 Phoenix, Arizona.

Filed August 19, 2022.

Attorney(s) appearing for the Case

Terry M. Crist III (argued), Kristina Reeves , and Joshua C. Smith , Assistant Attorneys General; J.D. Nielsen , Habeas Unit Chief; Joseph T. Maziarz , Chief Counsel; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellants.

Molly Brizgys (argued), Mitchell Stein Carey Chapman PC, Phoenix, Arizona; Karen S. Smith , Arizona Justice Project, Phoenix, Arizona; for Petitioner-Appellee.

Before: Michael Daly Hawkins, Milan D. Smith, Jr., and Andrew D. Hurwitz, Circuit Judges.

OPINION

In 1995 Freddie Crespin was charged in Arizona with first-degree murder. The crime was committed when Crespin was sixteen years old, but because the Supreme Court had not yet held that the death penalty could not be imposed on defendants younger than eighteen when the crime occurred, see Roper v. Simmons...

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