SMITH v. STEWART

No. 97-99010.

189 F.3d 1004 (1999)

Joe Clarence SMITH, Jr., Petitioner-Appellant, v. Terry L. STEWART, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1999.


Attorney(s) appearing for the Case

Kelley J. Henry and Denise I. Young, Assistant Federal Public Defender, Phoenix, Arizona, for the petitioner-appellant.

Gerald R. Grant, Maricopa County Attorney, Phoenix, Arizona, for the respondent-appellee.

Before: FERGUSON, REINHARDT, and FERNANDEZ, Circuit Judges.


Opinion by Judge FERGUSON; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

FERGUSON, Circuit Judge:

Arizona state prisoner Joe Clarence Smith ("Smith") appeals the denial of his habeas corpus petition seeking review of his conviction and death sentence for the 1976 murders of Neva Lee and Sandy Spencer. Smith raised 34 claims, all of which the district court found were procedurally defaulted or lacked merit. For the bulk of these claims, we affirm...

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