Timothy Gantt v. City of Los Angeles

OPINION

SILVERMAN, Circuit Judge:

Plaintiff-Appellants Timothy Gantt and Michael Smith were tried and convicted of *704the August 19, 1992 murder of Kalpesh Vardhan. An Arthur Andersen Consulting employee, Vardhan was stabbed to death in a parking garage in downtown Los Angeles. This is the second time this matter has come before us. In 2004, we reversed the denial of Gantt’s federal habeas petition and remanded the ease for an evidentiary hearing. Gantt v. Roe, 389 F.3d 908, 916 (9th Cir.2004).1 That resulted in the issuance of the writ, a retrial and, after the key witness recanted his testimony,…