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RHOADES v. HENRY

No. 07-99023.

611 F.3d 1133 (2010)

Paul Ezra RHOADES, Petitioner-Appellant, v. Jeff HENRY, of the IMSI, Department of Corrections State of Idaho, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted July 15, 2010.

Filed July 15, 2010.

Attorney(s) appearing for the Case

Oliver W. Loewy, Federal Defender Services of Idaho, Moscow, ID; Dennis A. Benjamin, Nevin, Benjamin, McKay & Bartlett, Boise, ID, for the petitioner-appellant.

L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before PAMELA ANN RYMER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.

OPINION

RYMER, Circuit Judge:

Paul Ezra Rhoades was convicted by an Idaho jury of the 1987 first degree murder, first degree kidnapping, robbery, rape, and infamous crime against nature of Susan Michelbacher. The trial court sentenced him to death on his convictions for first degree murder and first degree kidnapping; and the Idaho Supreme Court upheld his conviction, sentence, and denial of post-conviction relief. State v. Rhoades (Michelbacher)...

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