No. 20-35875.

87 F.4th 443 (2023)

Jaime Dean CHARBONEAU, aka Jaimi Dean Charboneau, Petitioner-Appellant, v. Tyrell DAVIS, acting in his official capacity as Warden of the Idaho State Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2023.

Attorney(s) appearing for the Case

James K. Ball, Jr. , (argued), Manweiler Breen Ball & Davis PLLC, Boise, Idaho, for Plaintiff-Appellant.

L. LaMont Anderson , (argued), Deputy Attorney General, Capital Litigation Unit Chief, Criminal Law Division; Lawrence G. Wasden , Idaho Attorney General; Idaho Attorney General's Office, Boise, Idaho; for Defendant-Appellee.

Before: Sandra S. Ikuta and Daniel P. Collins, Circuit Judges, and Sidney A. Fitzwater, District Judge.


Petitioner-Appellant Jaime1 Dean Charboneau was convicted in Idaho state court of the 1984 shooting murder of his ex-wife Marilyn Arbaugh after a trial that included inculpatory testimony from Marilyn's daughters Tira and Tiffnie.2 Although Charboneau...

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