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POLAND v. STEWART

No. 95-99022.

117 F.3d 1094 (1997)

Michael K. POLAND, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Patrick E. McGillicuddy, Phoenix, AZ, for Petitioner-Appellant.

Kent E. Cattani, Assistant Attorney General, Phoenix, AZ, for Respondent-Appellee.

Before: HUG, Chief Judge, BROWNING and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

Arizona death row inmate Michael K. Poland appeals the district court's denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

I

FACTS AND PROCEDURAL HISTORY

Michael Poland (Poland) and his brother Patrick (Patrick) Poland were convicted in Arizona state court in 1980 of two 1977 murders and sentenced to death. The convictions arose from the May 1977 hijacking and robbery of...

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