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LOPEZ v. SCHRIRO

No. 06-99000.

491 F.3d 1029 (2007)

George LOPEZ, Petitioner-Appellant, v. Dora B. SCHRIRO, Arizona Department of Corrections Director; Megan Savage, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2007.

Attorney(s) appearing for the Case

Cary Sandman, Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Tucson, AZ, for the petitioner-appellant.

Robert J. Gorman, Arizona State Attorney General's Office, Tucson, AZ, for the respondents-appellees.

Before: HAWKINS, SIDNEY R. THOMAS, and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge HAWKINS; Partial Concurrence and Partial Dissent by Judge THOMAS.

MICHAEL DALY HAWKINS, Circuit Judge:

Appellant George Lopez ("Lopez") was convicted in Arizona state court of child abuse and felony murder of his one-year-old son and sentenced to death. In this post-Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") habeas proceeding, he presents one certified issue: whether the state trial court denied Lopez his rights under...

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