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LAMBRIGHT v. STEWART

Nos. 96-99020, 96-99025, 96-99026.

191 F.3d 1181 (1999)

Joe Leonard LAMBRIGHT, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, Respondent-Appellee. Robert Douglas Smith, Petitioner-Appellant, v. Terry Stewart, Respondent-Appellee. Robert Douglas Smith, Petitioner-Appellant, v. Terry Stewart, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 1999.

Attorney(s) appearing for the Case

David P. Tiers, Tucson, Arizona (argued); Thomas E. Higgins, Jr., Tucson, Arizona, for petitioner-appellant Joe Leonard Lambright.

John F. Palumbo, Law Offices Pima County Public Defender, Tucson, Arizona (argued); Jon A. Young, Tucson, Arizona, for petitioner-appellant Robert Douglas Smith.

Scott Bales, Solicitor General, Phoenix, Arizona (argued); Eric Olsson, Assistant Attorney General, Tucson, Arizona, for the respondents-appellees.

Before: HUG, Chief Judge, BROWNING, SCHROEDER, REINHARDT, KOZINSKI, O'SCANNLAIN, TROTT, FERNANDEZ, T. G. NELSON, GRABER, and WARDLAW, Circuit Judges.

Opinion by Judge FERNANDEZ; Dissent by Judge REINHARDT.

FERNANDEZ, Circuit Judge:

Joe Leonard Lambright and Robert Douglas Smith were found guilty of murder and sentenced to death. Their convictions and sentences were affirmed by the Arizona Supreme Court,1 and they, ultimately, sought federal writs of habeas corpus on various grounds. The district court denied the writs and they appealed. A three-judge panel of this court ordered...

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