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WALLACE v. STEWART

No. 97-99016.

184 F.3d 1112 (1999)

James Granvil WALLACE, Petitioner-Appellant, v. Terry STEWART, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1999.

Attorney(s) appearing for the Case

James Belanger, Coppersmith & Gordon, Phoenix, Arizona, for petitioner-appellant.

Colleen L. French, Assistant Attorney General, Phoenix, Arizona, for respondent-appellee.

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

KOZINSKI, Circuit Judge:

Petitioner, James Granvil Wallace, pleaded guilty to first degree murder and was sentenced to death. The circumstances of the crime are brutal and undisputed. One afternoon in February 1984, Wallace lay in wait at the mobile home he shared with his girlfriend, Susan Insalaco, and her two children. The first person to arrive was Anna, Susan's 16-year-old daughter. Wallace struck her repeatedly with a baseball bat, breaking the bat. As Anna...

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