LEAVITT v. ARAVE

Nos. 01-99008, 01-99009.

371 F.3d 663 (2004)

Richard A. LEAVITT, Petitioner-Appellee, v. Arvon J. ARAVE, Warden, Idaho State Correctional Institution, Respondent-Appellant. Richard A. Leavitt, Petitioner-Appellant, v. Arvon J. Arave, Warden, Idaho State Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2004.


Attorney(s) appearing for the Case

L. LaMont Anderson, Deputy Attorney General, Capital Litigation Unit, Boise, ID, for the respondent-appellant/cross-appellee.

David Z. Nevin, Nevin, Herzfeld, Benjamin & McKay, LLP, Boise, ID; Andrew H. Parness (argued), Ketchum, ID, for the petitioner-appellee/cross-appellant.

Before: KOZINSKI, FERNANDEZ, and RYMER, Circuit Judges.


PER CURIAM:

Richard A. Leavitt, a State of Idaho prisoner under sentence of death, brought a petition for habeas corpus in the district court. 28 U.S.C. § 2254. He filed a myriad of attacks on his conviction and sentence, ranging from alleged evidentiary errors through instructional errors and onto attacks on the Idaho death penalty scheme. He also asserted ineffective assistance of counsel. The district court granted habeas corpus relief on one claim: the assertion...

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