CARRIGER v. STEWART

No. 95-99025.

95 F.3d 755 (1996)

Paris Hoyt CARRIGER, Petitioner-Appellant, v. Terry L. STEWART, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 1995.

Opinion Withdrawn September 10, 1996.

New Opinion Filed September 10, 1996.

As Amended September 24, 1996.


Attorney(s) appearing for the Case

Denise I. Young, Arizona Capital Representation Project, Tempe, AZ, for petitioner-appellant.

Joseph T. Maziarz, Assistant Attorney General, Phoenix, AZ, for respondent-appellee.

Before: FARRIS, KOZINSKI and O'SCANNLAIN, Circuit Judges.


Argued (by telephone) and Submitted November 29, 1995.

ORDER

We have reconsidered Carriger's appeal in light of Thompson v. Keohane, ___ U.S. ___, 116 S.Ct. 457, 133 L.Ed.2d 383 (1995), and the parties' further submissions. The opinion filed November 29, 1995, is withdrawn. A substitute opinion is filed concurrently.

OPINION

KOZINSKI, Circuit Judge.

Paris Hoyt Carriger is a...

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