Zachary Kelsey v. Tim Garrett

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ZACHARY KELSEY, No. 22-15557

Petitioner-Appellant, D.C. No. 3:18-cv-00174- v. MMD-CLB

TIM GARRETT; JAMES

DZURENDA; AARON D. FORD, OPINION

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted December 9, 2022 San Francisco, California

Filed May 24, 2023

Before: Susan P. Graber, Ronald M. Gould, and Paul J. Watford, Circuit Judges.

Opinion by Judge Gould; Dissent by Judge Graber SUMMARY*

Habeas Corpus

The panel reversed the district court’s denial of Nevada prisoner Zachary Kelsey’s 28 U.S.C. § 2254 habeas corpus petition challenging his conviction and 10-to-25-year sentence for the second-degree murder of Jared Hyde, and remanded for the district court to issue the writ. In his habeas corpus petition, Kelsey claimed that he was denied effective assistance of counsel as guaranteed under the Sixth Amendment by his trial counsel, Scott Edwards, waiving closing argument and…