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PIZZUTO v. RAMIREZ

No. 13-35443.

783 F.3d 1171 (2015)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. Al RAMIREZ, Warden of Idaho Maximum Security Institute, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 22, 2015.

Attorney(s) appearing for the Case

Heather E. Williams, Federal Defender; Joseph Schlesinger and Joan M. Fisher (argued), Assistant Federal Defenders, Office of the Federal Defender for the Eastern District of California, Sacramento, CA, for Petitioner-Appellant.

Lawrence G. Wasden, Attorney General of Idaho; L. LaMont Anderson (argued), Deputy Attorney General, Capital Litigation Unit Chief, Boise, ID, for Respondent-Appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

Idaho state prisoner Gerald Ross Pizzuto, Jr., appeals from the denial of his motion under Federal Rules of Civil Procedure 60(b) and 60(d) for relief from the district court's judgment denying his petition for a writ of habeas corpus. Pizzuto, who has been sentenced to death, contends: (1) that Martinez...

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