MILES v. RYAN

No. 10-99016.

691 F.3d 1127 (2012)

Kevin Artice MILES, Petitioner-Appellant, v. Charles L. RYAN, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2012.


Attorney(s) appearing for the Case

Sean Bruner , Law Office of Sean Bruner, Ltd., Tucson, AZ, for the petitioner-appellant.

Jonathan Bass , Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Tucson, AZ, for the respondent-appellee.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge BERZON.


OPINION

GRABER, Circuit Judge:

Petitioner Kevin Artice Miles appeals the district court's denial of his habeas petition, brought pursuant to 28 U.S.C. § 2254. Petitioner challenges only his capital sentence; he does not challenge his underlying felony murder conviction, arising from his role in a car-jacking.1 Petitioner argues that his counsel was ineffective at sentencing because...

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