No. 16-99000.

92 F.4th 868 (2024)

Donald SHERMAN, Petitioner-Appellant, v. William GITTERE, Warden; Aaron Darnell Ford, Attorney General of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2024.

Attorney(s) appearing for the Case

David Anthony (argued), Assistant Federal Public Defender; Rene L. Valladares , Federal Public Defender; Las Vegas Federal Public Defender's Office, Las Vegas, Nevada; for Petitioner-Appellant.

Heather D. Procter (argued), Deputy Attorney General; Aaron D. Ford , Nevada Attorney General; Nevada Attorney General's Office, Carson City, Nevada; Erica Berrett , Senior Deputy Attorney General; Nevada Attorney General's Office, Las Vegas, Nevada; for Respondents-Appellees.

Before: Ronald M. Gould, Bridget S. Bade, and Patrick J. Bumatay, Circuit Judges.


On June 1, 1994, Dr. Lester Bauer was found bludgeoned to death in his home in Las Vegas, Nevada. The next day, Donald Sherman, who had dated Dr. Bauer's daughter, was arrested for his murder. In February 1997, a Nevada jury found Sherman guilty of robbery, burglary, and first-degree murder. The jury determined...

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