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COMER v. STEWART

No. 98-99003.

215 F.3d 910 (2000)

Robert Charles COMER, Petitioner-Appellant, v. Terry L. STEWART, Director, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2000.

Attorney(s) appearing for the Case

Peter J. Eckerstrom, Tucson, Arizona; Julie S. Hall, Tucson, Arizona, for the petitioner-appellant.

Jon G. Anderson, Assistant Attorney General, Phoenix, Arizona, for the respondent-appellee.

Before: PREGERSON, FERGUSON, and RYMER, Circuit Judges.

Order by Judge FERGUSON; Partial Concurrence and Partial Dissent by Judge RYMER.

ORDER

FERGUSON, Circuit Judge:

An appeal is pending in this court from the district court's denial of Robert Charles Comer's habeas corpus petition challenging the constitutionality of his state conviction and death sentence. The State of Arizona has filed a motion to dismiss Mr. Comer's appeal, contending that we lack jurisdiction to determine any aspect of his case...

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