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STENSON v. LAMBERT

No. 05-99011.

504 F.3d 873 (2007)

Darold J. STENSON, Petitioner-Appellant, v. John LAMBERT, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2007.

Attorney(s) appearing for the Case

Robert H. Bombiner, AFPD, Seattle, WA, for the petitioner-appellant.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for the petitioner-appellant.

Rob McKenna, Attorney General of the State of Washington, John J. Samson, Assistant Attorney General, Criminal Justice Division, Olympia, WA, for the respondent-appellee.

Before: MARY M. SCHROEDER, Chief Circuit Judge, ANDREW J. KLEINFELD and CARLOS T. BEA, Circuit Judges.

SCHROEDER, Chief Circuit Judge:

Darold Stenson was convicted and sentenced to death in Washington State in 1994 for the 1993 first-degree murders of his wife, Denise Stenson, and his business partner, Frank Hoerner. The trial was punctuated by disagreements between Stenson and his appointed counsel, Fred Leatherman. Leatherman believed that the trial phase was not winnable and, therefore, thought he should focus on the penalty...

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