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DICKENS v. RYAN

No. 08-99017.

688 F.3d 1054 (2012)

Gregory DICKENS, Petitioner-Appellant, v. Charles RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2012.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Phoenix, AZ, for petitioner-appellant Gregory Dickens.

John Pressley Todd , Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for respondent-appellee Dora B. Schriro.

Opinion by Judge N.R. SMITH; Dissent by Judge REINHARDT.

OPINION

N.R. SMITH, Circuit Judge:

Gregory Scott Dickens, an Arizona state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Dickens was sentenced to death on each of two counts of felony murder for the 1991 killings of Bryan and Laura Bernstein. In this petition, Dickens challenges his capital sentences, arguing that (1) the Arizona Supreme Court's application of Enmund v. Florida, 458...

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