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IN MATTER OF KARSTETTER

No. 75-1294.

526 F.2d 1144 (1975)

In the Matter of the Application of Corey Axon Karstetter for a Writ of Habeas Corpus. Corey Axon KARSTETTER, Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 28, 1976.

Attorney(s) appearing for the Case

Clark L. Derrick, Flynn, Kimerer, Thinnes, Derrick & Lindholm, Phoenix, Ariz., for petitioner-appellant.

William J. Schafer, III, Atty. of Crim.Div., Phoenix, Ariz., for respondent-appellee.

Before KOELSCH and ELY, Circuit Judges, and JAMESON, District Judge.

Rehearing and Rehearing In Banc Denied January 28, 1976.

OPINION

KOELSCH, Circuit Judge:

Petitioner Karstetter appeals from the denial of his petition for a writ of habeas corpus. Having considered the State's contentions regarding the timeliness of the appeal, we conclude it is properly before us; we deny the motion to dismiss and turn to the merits.

Petitioner was tried and convicted by an Arizona state court for murder. Prior to trial...

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