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SUMMERLIN v. STEWART

No. 98-99002.

341 F.3d 1082 (2003)

Warren Wesley SUMMERLIN, Petitioner-Appellant, v. Terry L. STEWART, Director of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed October 12, 2001.

Withdrawn February 11, 2002.

Order Granting Hearing November 23, 2002.

Argued and Submitted December 10, 2002.

Filed September 2, 2003.

Attorney(s) appearing for the Case

Ken Murray and Leticia Marquez, Federal Public Defender's Office, Phoenix, Arizona, for the petitioner-appellant.

John Pressley Todd, Attorney General's Office, Phoenix, Arizona, for the respondent-appellee.

Before Mary M. Schroeder, Chief Judge, and Harry Pregerson, Stephen Reinhardt, Diarmuid F. O'Scannlain, Michael Daly Hawkins, Sidney R. Thomas, M. Margaret McKeown, Kim McLane Wardlaw, Raymond C. Fisher, Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

Argued and Submitted October 10, 2000-Pasadena, California

Order Granting En Banc Hearing November 23, 2002.

Opinion by Judge THOMAS; Concurrence by Judge REINHARDT; Dissent by Judge RAWLINSON.

OPINION

THOMAS, Circuit Judge.

In this appeal we consider whether the district court erred in denying a writ of habeas corpus sought as to petitioner's conviction and death sentence. We affirm the district court's judgment as to the conviction...

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