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JEFFERS v. LEWIS

No. 86-1840.

38 F.3d 411 (1994)

Jimmie Wayne JEFFERS, Petitioner-Appellant, v. Samuel LEWIS, Director, Arizona Department of Corrections; Donald Wawrzaszek, Superintendent, Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1994.

As Amended November 16, 1994.

Attorney(s) appearing for the Case

Frank P. Leto, Donald S. Klein, Asst. Pima County Public Defenders, Tucson, AZ, and Clifford Gardner, Gardner & Derham, San Francisco, CA, for petitioner-appellant.

Paul J. McMurdie, Chief Counsel, Atty. General's Office, Phoenix, AZ, for respondents-appellees.

Before: WALLACE, Chief Judge, and FLETCHER, FARRIS, PREGERSON, NORRIS, BEEZER, WIGGINS, NOONAN, THOMPSON, LEAVY and RYMER, Circuit Judges.

Argued and Submitted (en banc) May 26, 1994.

Opinion by Judge DAVID R. THOMPSON; Dissent by Judge PREGERSON; Dissent by Judge NOONAN.

DAVID R. THOMPSON, Circuit Judge:

In 1978, an Arizona jury convicted Jimmie Wayne Jeffers of first degree murder.1 After a sentencing hearing, the trial court found two aggravating factors and no mitigating circumstances. The court sentenced Jeffers to death, in accordance with the Arizona...

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