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POYSON v. RYAN

No. 10-99005.

711 F.3d 1087 (2013)

Robert Allen POYSON, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2013.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Michael L. Burke (argued), Assistant Federal Public Defender, Ngozi V. Ndulue , Assistant Federal Public Defender, Phoenix, AZ, for Petitioner-Appellant.

Thomas C. Horne , Attorney General, Kent Cattani , Division Chief, Criminal Appeals/Capital Litigation Division, Jon G. Anderson (argued), Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for Respondent-Appellee.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge THOMAS.

OPINION

FISHER, Circuit Judge:

Robert Allen Poyson was convicted of murder and sentenced to death in 1998. After pursuing direct review and seeking postconviction relief in state court, he filed a habeas petition in federal district court. The district court denied the petition, and Poyson appeals.

Poyson raises three claims on appeal, each of which has been certified by the district court pursuant to Fed. R.App. P. 22(b) and 28 U.S.C. § 2253...

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