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SMITH v. MAHONEY

No. 94-99003.

596 F.3d 1133 (2010)

Ronald A. SMITH, Plaintiff-Appellant, v. Michael MAHONEY, Montana State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 5, 2010.

Filed March 5, 2010.

Attorney(s) appearing for the Case

Cliff Gardner and Lazuli Whitt, Oakland, CA, for the petitioner-appellant.

Mike McGrath, Montana Attorney General, and C. Mark Fowler, Assistant Attorney General, Helena, MT, for the respondent-appellee.

Opinion by Judge THOMAS; Dissent by Judge BETTY B. FLETCHER.

THOMAS, Circuit Judge:

Ronald Smith murdered two men, pled guilty to the crimes, requested capital punishment, and was sentenced to death. Shortly thereafter, Smith changed his mind and requested resentencing. He was resentenced to death in 1984. Since then, Smith has challenged his death sentences in various fora, including this Court, and has been resentenced two more times, once in 1992 and again in 1995. Smith now appeals two decisions. He appeals the district...

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