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COOK v. SCHRIRO

No. 06-99005.

516 F.3d 802 (2008)

Daniel Wayne COOK, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, Arizona Department of Corrections, State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2008.

Attorney(s) appearing for the Case

Michael J. Meehan, Munger Chadwick, P.L.C., Tucson, AZ, for the petitioner-appellant.

Kent E. Cattani, Chief Counsel, Capital Litigation Section, Office of the Attorney General, Phoenix, AZ, for the respondent-appellee.

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

CALLAHAN, Circuit Judge:

Petitioner Daniel Wayne Cook appeals the denial of his 28 U.S.C. § 2254 petition. Cook waived counsel and represented himself at trial through sentencing. A jury convicted him of two counts of first-degree murder and the court sentenced him to death under Arizona Revised Statutes §§ 13-503 and 13-703. Cook now claims that his decision to waive counsel was involuntary because his original appointed trial counsel was ineffective...

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