CEJA v. STEWART

No. 94-99005.

97 F.3d 1246 (1996)

Jose Jesus CEJA, Petitioner-Appellant, v. Terry STEWART, Director of Arizona Department of Corrections; Donald Wawrzaszek, Superintendent of Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred August 3, 1995.

Resubmitted May 22, 1996.

Decided October 8, 1996.


Attorney(s) appearing for the Case

Charles Van Cott and Michael W. Patten, Brown & Bain, Phoenix, AZ, for petitioner-appellant.

Galen H. Wilkes, Assistant Arizona Attorney General, Phoenix, AZ, for respondents-appellees.

Before: FLETCHER, FARRIS and BEEZER, Circuit Judges.


Opinion by Judge FARRIS; Partial Concurrence and Partial Dissent by Judge FLETCHER.

FARRIS, Circuit Judge:

Jose Jesus Ceja is on death row in Arizona. He appeals the district court's denial of his habeas corpus petition. We have jurisdiction. 28 U.S.C. §§ 1291 and 2253. We affirm.

BACKGROUND

In 1974, Ceja was tried, convicted and sentenced to death for the drug related murders of Linda and Randy Leon. The Arizona Supreme Court reversed...

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