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MOORE v. HELLING

No. 12-15795.

763 F.3d 1011 (2014)

Ryan Oshun MOORE, Petitioner-Appellee, v. Don HELLING; Nevada Attorney General, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 15, 2014.

Memorandum Disposition Filed: March 24, 2014.

Petition for Rehearing Granted and Memorandum Disposition Withdrawn: July 3, 2014.

Attorney(s) appearing for the Case

Catherine Cortez Mastro , Attorney General of Nevada, Robert E. Wieland (argued), Senior Deputy Attorney General, Reno, NV, for Respondents-Appellants.

Rene L. Valladares , Federal Public Defender, Debra A. Bookout and Ryan Norwood (argued), Assistant Federal Public Defenders, Las Vegas, NV, for Petitioner-Appellee.

Before: JEROME FARRIS, A. WALLACE TASHIMA, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Petitioner-Appellee Ryan Oshun Moore was convicted in Nevada state court of first degree murder, defined in relevant part as a "willful, deliberate and premeditated killing." Nev.Rev.Stat. § 200.030(1)(a) (2013), and other crimes. The trial court gave the first degree murder instruction commonly used in Nevada at the time, known as the "Kazalyn instruction,"1

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