CLARK v. RICKETTS

No. 87-2560.

942 F.2d 567 (1991)

James Dean CLARK, Petitioner-Appellant, v. James R. RICKETTS, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed September 28, 1989.

Rehearing Granted February 21, 1991.

Reargued and Resubmitted March 21, 1991.

Opinion Withdrawn August 9, 1991.

Decided August 9, 1991.


Attorney(s) appearing for the Case

Michael R. Urman, DeConcini, McDonald, Brammer, Yetwin, Lacy & Zimmerman, Tucson, Ariz., for petitioner-appellant.

Bruce M. Ferg, Asst. Atty. Gen., Tucson, Ariz., for respondents-appellees.

Before FARRIS, BRUNETTI and THOMPSON, Circuit Judges.


ORDER AND OPINION

ORDER

The opinion in Clark v. Ricketts, filed September 28, 1989 and published at 886 F.2d 1152, is withdrawn.

OPINION

DAVID R. THOMPSON, Circuit Judge:

FACTS

An Arizona jury convicted appellant James Dean Clark of four counts of first-degree murder. One of the four murder victims was fatally stabbed. Another was shot to death. A couple, Mr. and Mrs. Thumm, were...

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