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POLAND v. STEWART

No. 97-99004.

151 F.3d 1014 (1998)

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

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1998.

As Amended August 24, 1998.

Attorney(s) appearing for the Case

Thomas A. Gorman, Phoenix, AZ, and Craig W. Soland, Brown & Bain, Phoenix, AZ, for petitioner-appellant.

Kent E. Cattani, Assistant Attorney General, Phoenix, AZ, for respondent-appellee.

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

T.G. NELSON, Circuit Judge:

Arizona death row inmate Patrick G. 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

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

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