Michael Ray Hogan v. Jeremy Bean

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL RAY HOGAN, No. 18-99004

Petitioner-Appellant, D.C. No. 2:97-cv-00927- v. JCM-PAL

JEREMY BEAN; ATTORNEY

GENERAL FOR THE STATE OF OPINION

NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted February 17, 2023 San Francisco, California

Filed June 4, 2025

Before: Marsha S. Berzon, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Bybee; Partial Concurrence and Partial Dissent by Judge Callahan SUMMARY*

Habeas Corpus / Death Penalty

The panel affirmed in part and reversed in part the district court’s denial of death row inmate Michael Hogan’s petition for a writ of habeas corpus, and remanded in part, in an appeal in which Hogan challenged the district court’s denial of relief on two certified issues and moved to expand the certificate of appealability (COA) on five issues. The case predates the effective date of the Antiterrorism and Effective…