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MORAN v. McDANIEL

No. 96-99007.

80 F.3d 1261 (1996)

Richard Allan MORAN, Petitioner-Appellant, v. E.K. McDANIEL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1996.

Attorney(s) appearing for the Case

Michael Pescetta, Federal Public Defender, Las Vegas, NV, for Richard Allan Moran.

David Sarnowski, Deputy Attorney General, Criminal Justice Division, Carson City, NV, for E.K. McDaniel.

Before: FARRIS, PREGERSON and THOMPSON, Circuit Judges.

OPINION

DAVID R. THOMPSON, Circuit Judge.

OVERVIEW

Richard Allan Moran has been sentenced to death. The Nevada Supreme Court dismissed, on state procedural grounds, his second state petition for post-conviction relief. The United States District Court for the District of Nevada then denied Moran's second federal habeas corpus petition and his application for a stay of execution. The district court denied the habeas petition on the grounds that...

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