Charles Clements v. Raymond Madden

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES CRAIG CLEMENTS, No. 22-55333

Petitioner-Appellant, D.C. No. 8:14-cv-02002- v. DDP-JPR

RAYMOND MADDEN, Warden; A MILLER, Warden, OPINION

Respondents-Appellees.

Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding

Argued and Submitted December 6, 2023 Pasadena, California

Filed August 9, 2024

Before: Kim McLane Wardlaw and Patrick J. Bumatay, Circuit Judges, and Matthew F. Kennelly, * District Judge.

Opinion by Judge Kennelly; Dissent by Judge Bumatay

* The Honorable Matthew F. Kennelly, United States District Judge for the Northern District of Illinois, sitting by designation. SUMMARY **

Habeas Corpus

In Charles Clements’s appeal from the denial of his habeas corpus petition under 28 U.S.C. § 2254, the panel reversed the district court’s denial of Clements’s claim under Napue v. Illinois, 360 U.S. 264 (1959), and remanded with instructions to grant the petition with respect…