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SPEARS v. STEWART

No. 01-99000.

267 F.3d 1026 (2001)

Anthony Marshall SPEARS, Petitioner-Appellee, v. Terry STEWART, Director of the Arizona Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2001.

Amended March 20, 2001.

Attorney(s) appearing for the Case

Monica Beerling Klapper, Assistant Attorney General, Phoenix, Arizona, for the respondent-appellant.

Sylvia J. Lett and Dale A. Baich, Assistant Federal Public Defenders, Phoenix, Arizona, for the petitioner-appellee.

Julie S. Hall, Tucson, Arizona, for amici curiae.

Before: JAMES C. HILL, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

Argued and Submitted June 13, 2001 — San Francisco, California.

OPINION

GRABER, Circuit Judge:

In this interlocutory appeal, we have agreed to answer the following question: "whether Arizona, as of July [17], 1998,[1] qualified to opt-in to Chapter 154, Special Habeas Corpus Procedures in Capital Cases, 28 U.S.C. §§ 2261-2266," a part of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA...

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