Steven Murray v. Jerry Howell

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN NELSON MURRAY, No. 21-15104

Petitioner-Appellee, D.C. No. 2:12-cv-02212-RFB-VCF v.

JERRY HOWELL, Warden; ATTORNEY MEMORANDUM*

GENERAL FOR THE STATE OF

NEVADA,

Respondents-Appellants.

Appeal from the United States District Court for the District of Nevada Richard F. Boulware II, District Judge, Presiding

Argued and Submitted February 17, 2022 San Francisco, California

Before: GOULD and RAWLINSON, Circuit Judges, and ZIPPS,** District Judge.

The State of Nevada appeals the district court’s order granting Petitioner

Steven Murray habeas corpus relief under 28 U.S.C. § 2254 on grounds one and

three of his amended petition. We have jurisdiction under 28 U.S.C. §§ 1291 and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jennifer G. Zipps, United States District Judge for the District of Arizona, sitting by designation. 2253, and we…