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LIBBERTON v. RYAN

No. 07-99024.

583 F.3d 1147 (2009)

Laurence K. LIBBERTON, Petitioner-Appellant, v. Charles L. RYAN, interim Director of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2009.

Attorney(s) appearing for the Case

Jose A. Cardenas, Lewis & Roca, Phoenix, AZ, Denise Irene Young, Tucson, AZ, for the petitioner-appellant.

Robert J. Gorman, Jr., Kent E. Cattani, Office of the Arizona Attorney General, Tucson, AZ, for the respondent-appellee.

Before W. FLETCHER, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

William A. FLETCHER, Circuit Judge:

Laurence Libberton, Steven James, and Martin Norton were convicted in separate proceedings in Arizona state court for crimes connected to the murder of Juan Maya. The prosecution theory at trial was that Libberton, along with James and Norton, severely beat Maya, drove him to an isolated area, killed him, and threw his body down a mine shaft. The prosecution contended that Libberton and James were essentially equal participants...

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