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STOKLEY v. RYAN

No. 09-99004.

659 F.3d 802 (2011)

Richard Dale STOKLEY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2011.

Attorney(s) appearing for the Case

Amy Krauss , Law Office of Amy B. Krauss, Cary Sandman (argued), Waterfall, Economidis, Caldwell, Hanshaw & Villmana, P.C., Tucson, AZ; Jon M. Sands , Federal Public Defender's Office, Phoenix, AZ, for the petitioner-appellant.

Thomas C. Horne , Arizona State Attorney General; Jonathan Bass (argued), Assistant Attorney General Criminal Appeals/Capital Litigation Division, for the respondent-appellee.

Before: M. MARGARET McKEOWN, RICHARD A. PAEZ, and CARLOS T. BEA, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

Richard Dale Stokley was sentenced to death for the murder of two thirteen-year-old girls. Stokley challenges that sentence under 28 U.S.C. § 2254, arguing that he should receive an evidentiary hearing to develop the claim that his trial counsel provided ineffective assistance at sentencing by failing adequately to investigate and present evidence that Stokley suffered from organic brain damage at the time of the murders...

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