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LEEDS v. RUSSELL

No. 21-16813.

75 F.4th 1009 (2023)

Robert Marc LEEDS, Petitioner-Appellee, v. Perry RUSSELL; Attorney General for the State of Nevada, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2023.

Attorney(s) appearing for the Case

Michael J. Bongard (argued), Deputy Attorney General, Office of the Nevada Attorney General; Ely, Nevada; Sheryl Serreze , Deputy Attorney General; Aaron D. Ford , Attorney General of Nevada; Office of the Nevada Attorney General; Carson City, Nevada; for Respondents-Appellants.

Alicia R. Intriago (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender, District of Nevada; Federal Public Defender's Office of Las Vegas; Las Vegas, Nevada; for Petitioner-Appellee.

Before: Richard A. Paez, Richard R. Clifton, and Holly A. Thomas, Circuit Judges.

OPINION

The State of Nevada appeals the grant of Petitioner Robert Leeds's 28 U.S.C. § 2254 petition for a writ of habeas corpus. In 2006, a Nevada jury convicted Leeds of first-degree murder for killing William Scarborough. Although Leeds resided at the house where the murder occurred, the prosecution presented...

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