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KEMP v. RYAN

No. 08-99030.

638 F.3d 1245 (2011)

Thomas Arnold KEMP, Petitioner-Appellant, v. Charles L. RYAN, Terry L. Stewart, Director; George Herman, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2011.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Timothy M. Gabrielsen (argued), and Sylvia J. Lett , Assistant Federal Public Defenders, of Tucson, AZ, for petitioner-appellant Thomas Arnold Kemp.

Terry Goddard , Arizona Attorney General, Kent Cattani (argued), Chief Counsel Criminal Appeals, and Donna J. Lam , Assistant Attorney General of Tucson, AZ, for respondents-appellees Charles L. Ryan, et al.

Before: PAMELA ANN RYMER, CONSUELO M. CALLAHAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Thomas Arnold Kemp raises three issues in his appeal from the district court's denial of his habeas petition seeking relief from his state conviction for felony first-degree murder, armed robbery and kidnaping and from his capital sentence. First, Kemp asserts that his rights to be free from compelled self-incrimination and to counsel under the Fifth, Sixth, and Fourteenth Amendments...

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