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DETRICH v. RYAN

No. 08-99001.

677 F.3d 958 (2012)

David Scott DETRICH, Petitioner-Appellant, v. Charles L. RYAN, of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 2, 2012.

Attorney(s) appearing for the Case

Jennifer S. Bedier (argued), Arizona Capital Representation Project, and Gregory J. Kuykendall , Kuykendall & Associates, Tucson, AZ, for petitioner-appellant David Scott Detrich.

Terry Goddard , Attorney General; Kent E. Cattani (argued), Chief Counsel; and Donna J. Lam , Assistant Attorney General, Tucson, AZ, for respondent-appellee Charles Ryan.

Opinion by Judge PAEZ; Dissent by Judge McKEOWN.

OPINION

PAEZ, Circuit Judge:

An Arizona judge sentenced David Scott Detrich to death after a jury convicted him of murder, kidnapping, and sexual abuse. After exhausting his state remedies, Detrich filed a petition for a writ of habeas corpus in federal district court alleging, among other things, that his trial counsel was unconstitutionally ineffective at the penalty phase for failing to investigate and present substantial mitigating evidence and for failing...

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