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DEUTSCHER v. WHITLEY

Nos. 88-2552, 88-2579.

946 F.2d 1443 (1991)

Henry DEUTSCHER, Petitioner/Appellant/Cross-Appellee, v. Harol WHITLEY, Warden of the Nevada State Prison, and Brian McKay, Attorney General of the State of Nevada, Respondents / Appellees / Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

October 15, 1991.

Attorney(s) appearing for the Case

David J. Burman, Perkins Coie, Seattle, Wash., for Henry Deutscher.

Before SKOPIL, FARRIS and HALL, Circuit Judges.

In Deutscher v. Whitley, 884 F.2d 1152 (9th Cir.1989), we granted Deutscher's petition for writ of habeas corpus because he was represented by constitutionally deficient counsel at sentencing and was prejudiced by his counsel's failure to present mitigating evidence and to challenge an unconstitutional aggravating factor. By order of the United States Supreme Court, we review this ruling in light of McCleskey v. Zant, 499 U...

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