Murdaugh v. Ryan, No. 10-99020(July 26, 2013) (Nelson with Reinhardt and M. Smith)(Az FPD-CHU case).
In this Ring cycle capital case, the petitioner's claims are usually not over until the 9th Cir sings. Here, the 9th held that there was error in the denial of the petitioner's Ring claim (jury for capital sentencing), and that such an error under the circumstances was not harmless. The petition is granted on this basis for a new sentencing.
Congrats to AFPDs Paula harms and Therese Day of the Az FPD-CHU.
The Decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/07/26/10-99020.pdf
In this Ring cycle capital case, the petitioner's claims are usually not over until the 9th Cir sings. Here, the 9th held that there was error in the denial of the petitioner's Ring claim (jury for capital sentencing), and that such an error under the circumstances was not harmless. The petition is granted on this basis for a new sentencing.
Congrats to AFPDs Paula harms and Therese Day of the Az FPD-CHU.
The Decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2013/07/26/10-99020.pdf
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