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15-55337 - Maria Alfaro v. Deborah Johnson

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15-55337 - Maria Alfaro v. Deborah Johnson
July 14, 2017
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FILED OPINION (JAY S. BYBEE, MILAN D. SMITH, JR. and MORGAN B. CHRISTEN) Alfaro has filed a motion for judicial notice of a variety of materials, consisting of (1) a California Supreme Court news release, (2) a court statistics report produced by the Judicial Council of California, (3) two news releases from the Judicial Council of California, (4) state-court dockets from Alfaro’s state proceedings, (5) the status of certain docketed California capital cases, (6) the CDCR Condemned Inmates list, (7) articles from the National Institute of Justice and Death Penalty Information Center, and (8) a Gallup poll on the death penalty. As Alfaro indicates in her motion, these materials all pertain to the merits of her Eighth Amendment claim. Because we do not reach Alfaro’s claim on the merits, we deny her motion as moot. REVERSED. Judge: MDS Authoring, FILED AND ENTERED JUDGMENT. [10508266]