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GERLAUGH v. STEWART

No. 99-99003.

167 F.3d 1222 (1999)

Darick Leonard GERLAUGH, Petitioner-Appellant, v. Terry L. STEWART, Director, Arizona Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1999.

Order; Partial Concurrence and Partial Dissent by Judge REINHARDT.

Darick Leonard Gerlaugh, an Arizona capital petitioner whose execution is scheduled for today, February 3, 1999, at 2 p.m. P.S.T., appeals after the district court dismissed his Lackey1 claim for lack of jurisdiction and denied a certificate of appealability.

A. Certificate of Appealability

An appeal may not be taken unless the applicant has made a substantial...

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