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WAIDLA v. DAVIS

Nos. 18-99001, 18-99002.

68 F.4th 575 (2023)

Tauno WAIDLA, Petitioner-Appellee/Cross-Appellant, v. Ronald DAVIS, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2023.

Attorney(s) appearing for the Case

Seth P. McCutcheon (argued), Scott Hayward , and Michael C. Keller , Deputy Attorneys General; Dana Muhammad Ali , Supervising Deputy Attorney General; James William Bilderback II , Senior Assistant Attorney General; Lance E. Winters , Chief Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General; Los Angeles, California, for Respondent-Appellant.

Marta VanLandingham (argued), Tracy Casadio , Mark R. Drozdowski , Craig A. Harbaugh , and Katherine Farkas , Deputy Federal Public Defenders; Cuauhtemoc Ortega , Federal Public Defender; Public Defenders' Office; Los Angeles, California, for Petitioner-Appellee.

Partial Concurrence and Partial Dissent by Judge Miller.

OPINION

A California jury sentenced Tauno Waidla to death for the 1988 murder of Viivi Piirisild. The California Supreme Court affirmed his conviction on direct appeal, People v. Waidla, 22 Cal.4th 690, 94 Cal.Rptr.2d 396,

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