Donald Sherman v. William Gittere

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 5 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD SHERMAN, No. 16-99000

Petitioner-Appellant, D.C. No. 2:02-cv-01349-LRH-VCF

v.

AMENDED MEMORANDUM*

WILLIAM GITTERE, Warden; AARON DARNELL FORD, Attorney General of Nevada,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted September 20, 2023 San Francisco, California

Before: GOULD, BADE, and BUMATAY, Circuit Judges.

After a jury trial in Nevada state court, Donald Sherman was convicted of

robbery, burglary, and first-degree murder. After unsuccessful state postconviction

proceedings, Sherman filed a federal habeas petition subject to the Antiterrorism and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Effective Death Penalty Act (“AEDPA”). The district court denied the petition and

granted a certificate of appealability (“COA”) on one claim. We…