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GRETZLER v. STEWART

Nos. 98-80394, 98-99019.

146 F.3d 675 (1998)

Douglas Edward GRETZLER, Petitioner-Appellant, v. Terry L. STEWART, Director of the Arizona Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1998.

Attorney(s) appearing for the Case

Cary Sandman, Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Tucson, Arizona, for the petitioner-appellant.

Paul J. McMurdie, Chief Counsel, Criminal Appeals Section for the State of Arizona, Phoenix, Arizona, for the respondents-appellees.

Before: SCHROEDER, FARRIS, and PREGERSON, Circuit Judges.

Order; Dissent by Judge PREGERSON.

Douglas Edward Gretzler seeks to appeal the district court's denial of his second petition for habeas corpus relief under 28 U.S.C. § 2254 and the denial of his application for stay of his execution scheduled for 3:00 p.m., Wednesday, June 3, 1998. We grant his motion for a Certificate of Appealability and deny the remaining motions as moot. The facts and procedural background are set forth in our disposition of the first petition...

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