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KING v. SCHRIRO

No. 06-99006.

537 F.3d 1062 (2008)

Eric John KING, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2008.

Attorney(s) appearing for the Case

Daniel D. Maynard, Maynard, Cronin, Erickson, Curran & Sparks, P.L.C., Phoenix, AZ, for the appellant.

John P. Todd, Assistant Attorney General, Phoenix, AZ, for the appellee.

Before: ALEX KOZINSKI, Chief Judge, ANDREW J. KLEINFELD, and RICHARD C. TALLMAN, Circuit Judges.

KLEINFELD, Circuit Judge:

This is a death penalty case. King robbed a convenience store. During the robbery, he murdered the clerk and the security guard. After his conviction for two first degree murders and armed robbery, appeals in the Arizona courts,1 and denial and appeal of his petition for post-conviction relief in the Arizona courts, he petitioned unsuccessfully for a writ of habeas corpus in the United States District Court,

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