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VICKERS v. STEWART

No. 96-99022.

144 F.3d 613 (1998)

Robert Wayne VICKERS, Petitioner-Appellant, v. Terry STEWART, Director of the Arizona Department of Corrections and Meg Savage, Warden of Arizona State Prison, Florence Complex, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1998.

Order Denying Rehearing and Suggestion for Rehearing July 15, 1998.

Attorney(s) appearing for the Case

Alan M. Kyman, Joanne F. Landfair, Phoenix, Arizona, for petitioner-appellant.

Grant Woods, Atty. Gen., Paul J. McMurdie, Chief Counsel Criminal Appeals Section, Jack Roberts, Asst. Atty. Gen., Phoenix, Arizona, for respondents-appellees.

Before: SCHROEDER, RYMER and THOMAS G. NELSON, Circuit Judges.

Order Denying Rehearing and Suggestion for Rehearing En Banc July 15, 1998.

SCHROEDER, Circuit Judge:

Appellant Robert Vickers was an inmate on Arizona's death row when he burned a fellow inmate to death by splashing burning liquid through the food slot of the victim's cell. Vickers started the fire with an incendiary device he created by pouring bottles of hair tonic into an empty ice cream container, stuffing a tissue inside and lighting it. A jury convicted...

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