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BLAZAK v. RICKETTS

Nos. 91-16549, 91-16562.

971 F.2d 1408 (1992)

Mitchell Thomas BLAZAK, Petitioner-Appellee-Cross-Appellant, v. James R. RICKETTS, Donald Wawrzaszek, Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1992.

Attorney(s) appearing for the Case

Robert Bartels, Arizona State University, Tempe, Ariz., and Natman Schaye, Tucson, Ariz., for petitioner-appellee-cross-appellant.

R. Wayne Ford, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellants-cross-appellees.

Before: TANG, BEEZER, and BRUNETTI, Circuit Judges.

PER CURIAM.

This is an appeal and cross-appeal from a grant of habeas corpus by the district court in a death penalty case. We sua sponte have considered whether we have jurisdiction to consider this appeal, see Collins v. Miller, 252 U.S. 364, 366, 40 S.Ct. 347, 348, 64 L.Ed. 616 (1920), and whether we should remand this case because of prudential concerns for judicial finality and efficiency. We find that the grant of habeas...

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