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TILLERY v. EYMAN

No. 72-2364.

492 F.2d 1056 (1974)

Daniel Webster TILLERY, Appellant, v. Frank A. EYMAN, Superintendent, Arizona State Prison, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 22, 1974.

Attorney(s) appearing for the Case

Wayne R. Godare (argued), Post-Conviction Legal Assistance Clinic, Tucson, Ariz., John P. Moore (argued), Scottsdale, Ariz., for appellant.

William J. Schafer, Asst. Atty. Gen. (argued), Gary K. Nelson, State's Atty. Gen., William P. Dixon, Asst. Atty. Gen., Phoenix, Ariz., for appellee.

Before ELY and SNEED, Circuit Judges, and SWEIGERT, District Judge.

OPINION

ELY, Circuit Judge:

In 1967 Tillery was convicted by an Arizona court of assault with a deadly weapon and of armed robbery. Tillery exhausted his available state remedies, the Arizona Supreme Court affirming his conviction in State v. Tillery, 107 Ariz. 34, 481 P.2d 271, cert. denied, 404 U.S. 847, 92 S.Ct. 151, 30 L.Ed.2d 84 (1971). Tillery filed a petition for a writ of habeas...

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