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CARRIGER v. STEWART

No. 95-99025.

132 F.3d 463 (1997)

Paris Hoyt CARRIGER, Petitioner-Appellant, v. Terry L. STEWART, Director of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1997.

Attorney(s) appearing for the Case

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

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

Before: HUG, CHIEF JUDGE, BROWNING, SCHROEDER, FARRIS, PREGERSON, REINHARDT, KOZINSKI, FERNANDEZ, T. G. NELSON, KLEINFELD, and THOMAS, Circuit Judges.

SCHROEDER, Circuit Judge:

INTRODUCTION

Paris Hoyt Carriger was convicted and sentenced to death for the brutal murder of Robert Shaw in 1978. Shaw was beaten on the head with a skillet and strangled with his own necktie during a robbery of his Phoenix jewelry store. The chief prosecution witness was Robert Dunbar; Carriger's defense was that Dunbar committed the murder.

After the trial and unsuccessful appeal, Carriger learned of documents...

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