CAVITT v. CULLEN

No. 10-16988.

728 F.3d 1000 (2013)

James Freddie CAVITT, Petitioner-Appellant, v. Vince CULLEN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2013.


Attorney(s) appearing for the Case

Neil Jacob Rosenbaum , Rosenbaum & Associates, San Francisco, CA, for Petitioner-Appellant.

Juliet B. Haley (argued), Deputy Attorney General, Kamala D. Harris , Attorney General of California, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Senior Assistant Attorney General, Peggy S. Ruffra , Supervising Deputy Attorney General, San Francisco, CA, for Respondent-Appellee.

Before: JOHN T. NOONAN, RAYMOND C. FISHER, and JACQUELINE H. NGUYEN, Circuit Judges.


OPINION

FISHER, Circuit Judge:

James Freddie Cavitt and his girlfriend Mianta McKnight robbed the house of Betty McKnight, Mianta's stepmother. Cavitt admits that he and Mianta robbed the victim's home and left her hogtied and face-down with a sheet taped around her head. He contends, however, that Betty was alive, albeit breathing laboriously, when he left. Betty McKnight was not breathing and had no pulse by the time police arrived 22 minutes later. Cavitt...

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