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FETTERLY v. PASKETT

No. 90-35627.

997 F.2d 1295 (1993)

Donald Kenneth FETTERLY, Petitioner/Appellant, v. David PASKETT, Warden, Idaho State Prisons; and Jim Jones, Attorney General of the State of Idaho, Respondents/Appellees.

United States Court of Appeals, Ninth Circuit.

Submission deferred April 25, 1991.

Reargued and Submitted March 31, 1993.

Decided July 9, 1993.

Attorney(s) appearing for the Case

Thomas J. McCabe, Westberg, McCabe & Collins, Boise, ID, David J. Burman, Nicholas P. Gellert, Perkins Coie, Spencer C. McIntyre, Ragen & Cromwell, Seattle WA, for petitioner/appellant.

Lynn E. Thomas, Sol. Gen., Office of Atty. Gen. of State of Idaho, Boise, ID, for respondents/appellees.

Before: SCHROEDER, LEAVY, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Donald Fetterly comes to us sentenced to death by the State of Idaho. Among his claims on appeal from a denial by the district court of his petition for a writ of habeas corpus is a claim that he should have been granted a stay to exhaust in state court newly identified Constitutional claims. Fetterly's newly appointed counsel had discovered these claims and wanted to include them in Fetterly's petition. Counsel's request for a stay was denied...

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