No. 15-99005.

51 F.4th 904 (2022)

Kurt MICHAELS, Petitioner-Appellant, v. Ron DAVIS, Acting Warden of San Quentin State Prison; Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2022.

Attorney(s) appearing for the Case

Benjamin L. Coleman (argued), Coleman & Balogh LLP, San Diego, California; Michael R. Belter , Law Office of Michael R. Belter, Monterey, California; for Petitioner-Appellant.

Michael T. Murphy (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; Kamala D. Harris , Attorney General; Attorney General's Office, California Department of Justice, San Diego, California; for Respondents-Appellees.

Dissent by Judge Berzon.


Kurt Michaels was convicted and sentenced to death in California for the 1988 murder of JoAnn Clemons. On appeal from the district court's denial of his federal habeas petition, Michaels raised sixteen claims, two of which are uncertified. Reviewing his appeal under the deferential standards established in the Antiterrorism...

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