STANLEY v. SCHRIRO

No. 06-99009.

598 F.3d 612 (2010)

Milo McCormick STANLEY, Petitioner-Appellant, v. Dora B. SCHRIRO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2010.


Attorney(s) appearing for the Case

Gilbert H. Levy (briefed), Seattle, WA, and Paula K. Harms (briefed and argued) and Sylvia Lett (briefed), Assistant Federal Public Defenders, Phoenix, AZ, for the petitioner-appellant.

Kent Cattani (briefed and argued), Chief Counsel, and J.D. Nielsen (briefed), Assistant Attorney General, Phoenix, AZ, for the respondent-appellee.

Opinion by Judge RAWLINSON; Concurrence by Judge BETTY B. FLETCHER; Partial Concurrence and Partial Dissent by Judge KLEINFELD.


RAWLINSON, Circuit Judge:

Petitioner Milo Stanley (Stanley) was convicted by a jury of first-degree murder of his wife and five-year-old daughter. The court sentenced Stanley to life in prison for the murder of his wife and to death for the murder of his daughter. Stanley's conviction and sentence were affirmed by the Arizona Supreme Court on direct appeal and his state petitions for post-conviction relief were denied. He subsequently filed a petition for writ of...

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