COMER v. STEWART

No. 98-99003.

312 F.3d 1157 (2002)

Robert Charles COMER, Petitioner-Appellant, v. Terry L. STEWART, Director, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2002.


Attorney(s) appearing for the Case

Peter J. Eckerstrom, Esq., Tucson, AZ, Julie S. Hall, Esq., Tucson, AZ, for Petitioner-Appellant.

John Presley Todd, Office of the Attorney General, Civil Division, Phoenix, AZ, for Defendant-Appellee.

Before PREGERSON, FERGUSON and RYMER, Circuit Judges.


Order by Judge FERGUSON; Dissent by Judge RYMER.

ORDER

FERGUSON, Circuit Judge:

Robert Charles Comer is a prisoner of the State of Arizona who is subject to execution.

A petition for writ of habeas corpus was filed in his behalf challenging the constitutionality of his state conviction and death sentence. The district court denied the petition and that decision was appealed to this court. The State...

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