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LAMBRIGHT v. STEWART

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

167 F.3d 477 (1999)

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

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1999.

Attorney(s) appearing for the Case

David P. Tiers, Tucson, Arizona, for petitioner-appellant Joe Leonard Lambright.

John F. Palumbo, Pima County Public Defender, Tucson, Arizona, for petitioner-appellant Robert Douglas Smith.

S. Jonathan Young, Lieberthal & Kashman, Tucson, Arizona, for petitioner-appellant Robert Douglas Smith.

Eric J. Olsson, Assistant Attorney General, Tucson, Arizona, for respondent-appellee Terry L. Stewart.

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, Washington, for amicus.

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

Opinion by Judge REINHARDT; Dissent by Judge THOMPSON.

REINHARDT, Circuit Judge:

Following a single trial before "dual juries," petitioners Joe Leonard Lambright and Robert Douglas Smith were convicted of first degree murder, kidnapping and sexual assault, and were sentenced to death. Because Arizona law did not authorize the use of dual juries at the time of petitioners' trial, the Arizona Supreme Court concluded that the trial judge in this case had conducted...

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