Pedro Duarte v. Brian Williams
United States Court of Appeals for the Ninth CircuitSeptember 10, 202119-17207California1,992 words
Opinion
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 10 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PEDRO R. DUARTE, No. 19-17207
Petitioner-Appellant, D.C. No. 2:12-cv-01305-JAD-EJY v.
BRIAN WILLIAMS, Warden; ATTORNEY
GENERAL FOR THE STATE OF MEMORANDUM*
NEVADA,
Respondents-Appellees.
Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding
Argued and Submitted July 30, 2021 San Francisco, California
Before: McKEOWN and NGUYEN, Circuit Judges, and LAMBERTH,** District Judge.
In 2003, Pedro Duarte was convicted in Nevada state court of attempted
murder. His case stems from an attempted robbery and the subsequent shootout.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Royce C. Lamberth, United States District Judge for the District of Columbia, sitting by designation.
1 The State’s theory at trial was that Duarte was the getaway driver for robber-gunmen