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BEATY v. SCHRIRO

No. 05-99013.

509 F.3d 994 (2007)

Donald Edward BEATY, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2007.

Attorney(s) appearing for the Case

John E. Charland, Phoenix, AZ, argued the cause and filed briefs on behalf of the petitioner-appellant. Jon M. Sands, Federal Public Defender, Phoenix, AZ, and Dale A. Baich, Assistant Federal Public Defender, Phoenix, AZ, were also on the briefs.

John Pressley Todd, Assistant Attorney General of Arizona, Capital Litigation Section, Phoenix, AZ, argued the cause and filed a brief on behalf of the State of Arizona. Terry Goddard, Attorney General of Arizona, Phoenix, AZ, and Kent Cattani, Chief Counsel, Capital Litigation Section, Phoenix, AZ, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We previously remanded this capital habeas appeal to the district court with instructions to conduct an evidentiary hearing on whether Petitioner's inculpatory statements to a prison psychologist were voluntary within the meaning of the Fifth Amendment. We must now decide whether the district court erred in subsequently concluding that such statements were constitutionally voluntary and therefore properly admitted at Petitioner's trial...

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