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STOKLEY v. RYAN

No. 09-99004.

705 F.3d 401 (2012)

Richard Dale STOKLEY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 21, 2012.

Attorney(s) appearing for the Case

Jennifer Yolanda Garcia (argued), Federal Public Defender's Office, Phoenix, AZ; Amy Krauss , Law Office of Amy B. Krauss, Tucson, AZ; Cary Sandman , Federal Public Defender's Office, Phoenix, AZ, for the Petitioner-Appellant.

Thomas C. Horne , Arizona State Attorney General; Jonathan Bass (argued), Assistant Attorney General Criminal Appeals/Capital Litigation Division, Tucson, AZ, for the Respondent-Appellee.

Order; Amended Order; Dissent by Judge PAEZ.

ORDER

The Order issued on November 15, 2012, is withdrawn and an Amended Order is filed concurrently with this order. With that amendment, Judges McKeown and Bea vote to deny Stokley's petition for panel rehearing and Judge Paez votes to grant the petition. No further petitions for panel rehearing will be entertained.

AMENDED ORDER

Richard Dale Stokley, a state prisoner, was sentenced to death in 1992 for the murders of two 13-year-old girls. After...

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