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PRESCOTT v. SANTORO

No. 19-17509.

53 F.4th 470 (2022)

Earnest L. PRESCOTT, Petitioner-Appellant, v. Kelly SANTORO, Acting Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

FILED November 15, 2022.

Attorney(s) appearing for the Case

Elizabeth Richardson-Royer (argued), San Francisco, California, for Petitioner-Appellant.

Jill M. Thayer (argued) and Allan Yannow , Deputy Attorney Generals; Peggy S. Ruffra , Supervising Deputy Attorney General; Jeffrey M. Laurence , Senior Assistant Attorney General; Lance E. Winters , Chief Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General, San Francisco, California; for Respondent-Appellee.

Concurrence by Judge Collins.

OPINION

Earnest Prescott was convicted of the murder of James Johnson in 2012. Following his conviction, he filed a petition for writ of habeas corpus in state court arguing that two letters allegedly written by his codefendant, Jason Jones, exonerated Prescott. Prescott asserted, among other things, that (1) the...

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