PER CURIAM:
This is an appeal from an order of the United States District Court denying petitioner's application for a writ of habeas corpus.
Petitioner had been convicted of second degree murder in a bifurcated trial as provided by the Arizona statute then in force. Ariz.Rev.Stat. § 13-1621.01. Later that statute was held to be unconstitutional, State v. Shaw,
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