BEATY v. STEWART

No. 00-99007.

303 F.3d 975 (2002)

Donald Edward BEATY, Petitioner-Appellant, v. Terry STEWART, Director, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred January 29, 2002.

Resubmitted August 15, 2002.

Filed August 27, 2002.


Attorney(s) appearing for the Case

John E. Charland, Phoenix, AZ, argued the cause for the petitioner-appellant. Jess A. Lorona, Horne Ducar Lorona & Slaton, LLP, was on the briefs.

Kent E. Cattani, Chief Counsel, Criminal Appeals Section, Phoenix, AZ, argued the cause for the respondent-appellee. Janet Napolitano, Attorney General, Jack Roberts, Assistant Attorney General, and Paul J. McMurdie, Criminal Appeals Section, were on the briefs.

Before O'SCANNLAIN, GRABER, McKEOWN, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

In this capital habeas case, we must decide whether the admission of a confession obtained by a jail psychiatrist constitutes prejudicial error. We also consider several other claims, including whether trial counsel rendered ineffective assistance of counsel in failing to pursue allegations of juror misconduct.

I

On May 9, 1984, thirteen-year-old Christy Ann Fornoff disappeared at a Tempe, Arizona apartment...

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