Colin Dickey v. Ron Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

COLIN RAKER DICKEY, No. 19-99009

Petitioner-Appellant, D.C. No. 1:06-cv-00357- v. AWI-SAB

RONALD DAVIS, Warden, San Quentin State Prison, OPINION

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding

Argued and Submitted June 21, 2022 Pasadena, California

Filed May 31, 2023

Before: Mary H. Murguia, Chief Judge, and William A. Fletcher and Morgan Christen, Circuit Judges.

Opinion by Judge Christen SUMMARY*

Habeas Corpus / Death Penalty

On Colin Raker Dickey’s appeal from the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his California conviction and death sentence, the panel reversed and remanded to the district court with instructions to grant a conditional writ of habeas corpus as to the special-circumstances findings and the imposition of the death penalty, and affirmed the district court’s holding as to Dickey’s certified guilt-phase claims. Dickey was…