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HONIE v. POWELL

No. 19-4158.

58 F.4th 1173 (2023)

Taberon Dave HONIE, Petitioner-Appellant, v. Robert POWELL, Warden, Utah State Prison, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 26, 2023.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender ( Therese M. Day and Eric Zuckerman , Assistant Federal Public Defenders, with him on the briefs), Phoenix, Arizona, for Petitioner-Appellant.

Melissa Holyoak , Utah Solicitor General ( Andrew F. Peterson , Assistant Solicitor General, and Sean D. Reyes , Utah Attorney General, on the brief), Salt Lake City, Utah, for Respondent-Appellee.

Before HOLMES, Chief Judge, LUCERO, Senior Circuit Judge, and PHILLIPS, Circuit Judge.

One evening twenty-four years ago, Taberon Honie called his ex-girlfriend on the telephone, demanded that she immediately visit him, and threatened to kill several of her family members if she didn't. When she went to work instead, Honie made good on his threat, brutally murdering her mother hours later. As Honie tried to...

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