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RUNNINGEAGLE v. RYAN

No. 07-99026.

686 F.3d 758 (2012)

Sean Bernard RUNNINGEAGLE, Petitioner-Appellant, v. Charles L. RYAN, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2012.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, and Jennifer Y. Garcia and Ashley J. McDonald , Assistant Federal Public Defenders, Phoenix, AZ, for petitioner-appellant Sean Bernard Runningeagle.

Terry Goddard , Attorney General; Kent Cattani , Chief Counsel, Capital Litigation Section; and Jon G. Anderson , Assistant Attorney General, Phoenix, AZ, for respondents-appellees Charles L. Ryan et al.

Opinion by Judge WARDLAW; Partial Concurrence and Partial Dissent by Judge PREGERSON.

OPINION

WARDLAW, Circuit Judge:

Sean Bernard Runningeagle and his cousin Corey Tilden were convicted of murdering Herbert and Jacqueline Williams after they pursued the Williamses into their home in the early morning of December 6, 1987. The state trial court imposed a sentence of death upon Runningeagle, but not upon Tilden. Runningeagle's direct and collateral appeals were rejected by the state courts. Runningeagle now appeals the district court's denial...

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