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LANDRIGAN v. SCHRIRO

No. 00-99011.

441 F.3d 638 (2006)

Jeffrey Timothy LANDRIGAN, a.k.a., Billy Patrick Wayne Hill, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 15, 2005.

Resubmitted March 1, 2006.

Filed March 8, 2006.

Attorney(s) appearing for the Case

Dale A. Baich, Assistant Federal Public Defender, Phoenix, AZ, for the petitioner-appellant.

James P. Beene, Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondent-appellee.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, ALEX KOZINSKI, MICHAEL DALY HAWKINS, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, MARSHA S. BERZON, RICHARD R. CLIFTON, CONSUELO M. CALLAHAN and CARLOS T. BEA, Circuit Judges.

Argued and Submitted En Banc March 24, 2005.

HAWKINS, Circuit Judge.

In this appeal, we consider whether petitioner, Jeffrey Timothy Landrigan, received ineffective assistance of counsel in the penalty phase of his capital murder trial. We conclude Landrigan has raised a colorable claim that his counsel's performance fell below the objective standard of reasonableness required by Strickland v. Washington, 466 U.S. 668

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