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LaGRAND v. STEWART

No. 99-99004.

173 F.3d 1144 (1999)

Karl Hinze LaGRAND, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, and Dan Vanelli, Warden, SMU II, Arizona State Prison, Florence, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 1999.

Attorney(s) appearing for the Case

Carla G. Ryan, Tucson, Arizona, for the petitioner.

Paul J. McMurdie, Assistant Attorney General, Phoenix, Arizona, for the respondents.

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

ORDER

The Order and Opinion filed on February 24, 1999, is amended as follows:

Replace the last paragraph on page 12, continuing on to page 13, with the following:

A further word concerning the death warrant is in order. The warrant parallels the statute in giving LaGrand a choice of the method of execution.

A.R.S. 13.704B provides:

B. A defendant who is sentenced to death for an offense committed before November 23, 1992 shall choose...

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