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SMITH v. STEWART

No. 97-99006.

140 F.3d 1263 (1998)

Bernard SMITH, Petitioner-Appellant, v. Terry STEWART, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1998.

Attorney(s) appearing for the Case

James M. Ackerman and David B. Earl, Jennings, Strouss & Salmon, Phoenix, Arizona, for petitioner-appellant.

Galen H. Wilkes, Assistant Attorney General, Criminal Appeals Section, Office of Attorney General, Phoenix, Arizona, for respondent-appellee.

Before: FLETCHER, BRUNETTI, and FERNANDEZ, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

Bernard Smith, a death-row prisoner of the State of Arizona, appeals the district court's grant of the state's motion for summary judgment, denial of his motion for summary judgment, and denial of his petition for a writ of habeas corpus. We affirm in part, reverse in part, and remand.

BACKGROUND

Unfortunately for the good citizens of Arizona, Smith went to Yuma in April of 1983, shortly after he was paroled...

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