CORRELL v. RYAN

No. 03-99006.

465 F.3d 1006 (2006)

Michael Emerson CORRELL, Petitioner-Appellant, v. Charles L. RYAN, Warden, Acting Director, Arizona Department of Corrections; Dora B. Schriro, Director, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2006.


Attorney(s) appearing for the Case

Thomas Phalen and Jon M. Sands, Phoenix, AZ, for the appellant.

James P. Beene, Kent E. Cattani, and Terry Goddard, Phoenix AZ, for the appellee.

Before: SCHROEDER, Chief Judge, O'SCANNLAIN and THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

Michael Emerson Correll, an Arizona inmate sentenced to death, appeals the district court's denial of his petition for a writ of habeas corpus following our remand for an evidentiary hearing. We reverse.

I

The factual history of this case was detailed in our earlier opinion, Correll v. Stewart, 137 F.3d 1404, 1408-10 (9th Cir. 1998)...

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