RHOADES v. HENRY

No. 07-99023.

598 F.3d 495 (2010)

Paul Ezra RHOADES, Petitioner-Appellant v. Jeff HENRY, of the IMSI, Department of Corrections State of Idaho, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2010.


Attorney(s) appearing for the Case

Oliver W. Loewy, Federal Defender Services of Idaho, Moscow, ID; Dennis A. Benjamin, Nevin, Benjamin, McKay & Bartlett, Boise, ID, for the petitioner-appellant.

L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before: PAMELA ANN RYMER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.


RYMER, Circuit Judge:

Paul Ezra Rhoades appeals the district court's denial of his petition for writ of habeas corpus. He was convicted in Idaho state court of the 1987 first degree murder, first degree kidnapping, robbery, rape, and infamous crime against nature of Susan Michelbacher.1 The trial court sentenced him to death on his convictions for first degree murder and first degree kidnapping. The Idaho Supreme Court upheld his conviction...

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