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TOWERY v. RYAN

No. 12-15071.

673 F.3d 933 (2012)

Robert Charles TOWERY, Petitioner-Appellant, v. Charles RYAN; Charles Goldsmith, Warden, Arizona State Prison Central Comples-Florence; Terry L. Goddard, Arizona State Attorney General; Dora B. Schriro, Director of the Arizona Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2012.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender; Therese M. Day (argued), Dale A. Baich and Kelly L. Schneider , Assistant Federal Public Defenders, Phoenix, AZ, for petitioner-appellant.

Thomas C. Horne , Attorney General; Kent E. Cattani , Division Chief Counsel, Criminal Appeals/Capital Litigation Division; Jeffrey A. Zick , Section Chief Counsel; Jon G. Anderson (argued), Assistant Attorney General, Capital Litigation Division, Phoenix, AZ, for respondents-appellees.

Before: MARY M. SCHROEDER, RAYMOND C. FISHER and N. RANDY SMITH, Circuit Judges.

OPINION

PER CURIAM:

Robert Towery was convicted of murder and sentenced to death in 1992. After pursuing direct review and seeking postconviction relief in state court, he filed a pro se habeas petition in federal district court. The district court appointed counsel, who filed an amended federal habeas petition raising eight substantive claims of constitutional error as well as numerous distinct allegations of counsel ineffectiveness. Counsel did not, however...

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