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MOORMANN v. SCHRIRO

No. 00-99015.

426 F.3d 1044 (2005)

Robert Henry MOORMANN, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 15, 2002, September 26, 2002.

Resubmitted October 3, 2005.

Filed October 13, 2005.

Attorney(s) appearing for the Case

Denise I. Young, Tucson, AZ, for the petitioner-appellant.

John Presley Todd, Phoenix, AZ, for the respondent-appellee.

Before SCHROEDER, Chief Judge, TROTT, and RAWLINSON, Circuit Judges.

SCHROEDER, Chief Judge.

Robert Henry Moormann was convicted in Arizona of the first degree murder of his elderly adoptive mother and sentenced to death in 1985. This is an appeal from the district court's denial of his first federal petition for habeas corpus relief. He earlier filed two unsuccessful state petitions for collateral relief after losing his direct appeal from the conviction and sentence in state court.

We heard oral argument in this case in November...

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