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SUMMERLIN v. STEWART

No. 98-99002.

267 F.3d 926 (2001)

Warren Wesley SUMMERLIN, Petitioner-Appellant, v. Terry L. STEWART, Director of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2001.

Attorney(s) appearing for the Case

Ken Murray, Federal Public Defender's Office, Phoenix, Arizona, for the petitioner-appellant.

John Pressley Todd, Attorney General's Office, Phoenix, Arizona, for the respondent-appellee.

Before: KOZINSKI, TROTT, and THOMAS, Circuit Judges.

Opinion by Judge TROTT; Dissenting in Part by Judge KOZINSKI; Dissenting in Part by Judge THOMAS.

TROTT, Circuit Judge:

I

BACKGROUND1

On April 29, 1981, petitioner Warren Wesley Summerlin killed Brenna Bailey when she went to his residence on behalf of her employer to attempt to collect a delinquent debt. Summerlin bashed in Ms. Bailey's head and skull, probably with a hatchet, wrapped her partially nude...

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