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MOORMANN v. SCHRIRO

Nos. 08-99035, 12-15395.

672 F.3d 644 (2012)

Robert Henry MOORMANN, Petitioner-Appellant, v. Dora B. SCHRIRO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 28, 2012.

Attorney(s) appearing for the Case

Julie Hall , Oracle, AZ, for petitioner-appellant Robert Henry Moormann.

John Pressly Todd , Deputy Attorney General, Phoenix, AZ, for respondent-appellee Dora B. Schriro.

Before: MARY M. SCHROEDER, M. MARGARET McKEOWN, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

Robert Moormann applies for a stay of execution and permission to file a second or successive habeas petition in federal district court. See 28 U.S.C. § 2244(b)(3). Moormann was convicted in 1985 of the first-degree murder of his adoptive mother, Roberta Moormann, and sentenced to death. The murder took place in a Florence, Arizona motel room while Moormann was on a furlough from the state prison where he was...

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