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LaGRAND v. STEWART

Nos. 95-99010, 95-99011.

133 F.3d 1253 (1998)

Karl Hinze LaGRAND, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, Respondent-Appellee. Walter Burnhart LaGRAND, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 16, 1998.

Attorney(s) appearing for the Case

Carla G. Ryan, Tucson, Arizona, and Lawrence B. Weeks, Coolidge, Arizona, for petitioner-appellant Karl Hinze LaGrand.

Bruce A. Burke, Tucson, Arizona, for petitioner-appellant Walter LaGrand.

Paul J. McMurdie, Deputy Attorney General, Phoenix, Arizona, for respondents-appellees.

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

Opinion by Judge T.G. NELSON; Dissent by Judge PREGERSON.

T.G. NELSON, Circuit Judge:

Arizona death row inmates Walter and Karl LaGrand appeal the district court's denial of their petitions for writ of habeas corpus. We have jurisdiction of these consolidated appeals pursuant to 28 U.S.C. § 1291, and we affirm.

I

FACTS AND PROCEDURAL HISTORY

Walter LaGrand (Walter) and Karl LaGrand (Karl) (collectively "the LaGrands") were...

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