Levi Jackson v. Charles Ryan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEVI JAIMES JACKSON,  No. 10-15067 Petitioner-Appellant, D.C. No. v.  CV-01-00545-

CHARLES RYAN, TUC-RCC

Respondent-Appellee.  OPINION

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Argued and Submitted May 10, 2011—San Francisco, California

Filed September 1, 2011

Before: Betty B. Fletcher and Sidney R. Thomas, Circuit Judges, and Nancy Gertner, District Judge.

Opinion by Judge Gertner

1 The Honorable Nancy Gertner, United States District Judge for the District of Massachusetts, sitting by designation.

16721 JACKSON v. RYAN 16725

COUNSEL

S. Jonathan Young, Law Offices of Williamson & Young, P.C., for the petitioner-appellant.

Terry Goddard, Attorney General; Kent Cattani, Chief Coun- sel, Criminal Appeals/Capital Litigation Section; Diane Leigh Hunt, Assistant Attorney General, Criminal Appeals/Capital Litigation Section, for the respondent-appellee.

OPINION

GERTNER, District Judge:

In 1993, a jury…