Steven Murray v. Jerry Howell

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JUL 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

STEVEN NELSON MURRAY, No. 21-15104

Petitioner-Appellee, D.C. No. 2:12-cv-02212-RFB-VCF v. District of Nevada, Las Vegas JERRY HOWELL, Warden; ATTORNEY

GENERAL FOR THE STATE OF ORDER

NEVADA,

Respondents-Appellants.

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

The memorandum disposition in the above-captioned matter filed on May

24, 2022, is amended as follows:

The paragraph on Page 4, lines 3-12, currently reads:

We also reject Petitioner’s argument that his ineffective assistance of trial counsel claim (ground two) can overcome the default of his ground one substantive due process claim. The Nevada Supreme Court dismissed the ineffective assistance claim on its merits. Accordingly, our review is doubly deferential, Harrington v. Richter, 562 U.S. 86, 105 (2011), and “relief may be granted only if the state-court decision unreasonably applied the more general standard for…