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EVANCHYK v. STEWART

Nos. 01-16744, 02-16942.

340 F.3d 933 (2003)

Michael John EVANCHYK, Jr., Petitioner-Appellee-Cross-Appellant, v. Terry STEWART; Janet Napolitano, Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2003.

Attorney(s) appearing for the Case

Randall M. Howe (argued), Chief Counsel, Criminal Appeals Section, and Diane M. Ramsey (on the brief), Assistant Attorney General, Arizona Attorney General's Office, Phoenix, Arizona, for the respondents-appellants/cross-appellees.

Brian X. Metcalf (argued), and Frank P. Leto (on the brief), Assistant Public Defenders, Pima County Public Defender, Tucson, Arizona, for petitioner-appellee/cross-appellant Michael John Evanchyk, pro se.

Before: SUSAN P. GRABER, KIM McLANE WARDLAW, and RICHARD R. CLIFTON, Circuit Judges.

Argued and Submitted June 10, 2003 — San Francisco, California.

OPINION

CLIFTON, Circuit Judge:

Under Arizona law, a conviction for first-degree murder can be based on either or both of two theories: premeditated murder (an intentional, planned killing) or felony murder (a killing that results from the intentional commission by defendant of another felony, but which does not necessarily involve an intent to kill). Michael Evanchyk was tried...

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