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BREWER v. LEWIS

No. 93-99003.

989 F.2d 1021 (1993)

Elsie BREWER, individually and as next friend of John George Brewer, Petitioner-Appellant, v. Samuel LEWIS, Director of the Arizona Department of Corrections, et al., Respondents-Appellees, John George Brewer, Real Party In Interest.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1993.

Attorney(s) appearing for the Case

Robert Bartels, Arizona State University College of Law, Tempe, AZ, for petitioner-appellant.

Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, Office of the Atty. Gen., Phoenix, AZ, for respondents-appellees.

Lisa M. Sommer, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, AZ, for the real party in interest.

Before: BROWNING, NORRIS, and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Elsie Brewer seeks to appeal the district court's denial of her petition for habeas corpus and motion for stay of execution filed on behalf of her son, John Brewer, who is scheduled to be executed on Wednesday, March 3, 1993.

I. FACTUAL BACKGROUND

A complete description of Brewer's offense and the state court proceedings appears in State v. Brewer, 170 Ariz. 486,

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