PIZZUTO v. ARAVE

No. 97-99017.

280 F.3d 949 (2002)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. A.J. ARAVE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2002.


Attorney(s) appearing for the Case

Robert H. Gombiner, Assistant Federal Public Defender, Tacoma, WA, for the petitioner-appellant.

L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before B. FLETCHER, RYMER, and GOULD, Circuit Judges.


OPINION

RYMER, Circuit Judge.

Idaho state prisoner Gerald Ross Pizzuto, Jr. appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas petition, in which he challenges his 1986 conviction and sentence for the first degree murders of Berta Herndon and her nephew, Delbert Herndon. Pizzuto was sentenced to death.

Because Pizzuto filed his habeas petition before the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) was enacted...

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