HENRY v. RYAN

No. 09-99007.

720 F.3d 1073 (2013)

Graham S. HENRY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2013.


Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Robin C. Konrad (argued) and Amy E.B. Kapp , Assistant Federal Public Defenders, Phoenix, AZ, for Petitioner-Appellant.

Thomas C. Horne , Attorney General, Kent Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, and Jonathan Bass (argued), Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Tucson, AZ, for Respondents-Appellees.

Before: RAYMOND C. FISHER, RICHARD C. TALLMAN, and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

FISHER, Circuit Judge:

Graham Saunders Henry was convicted by a jury of first-degree murder, kidnapping, robbery and theft. The Arizona trial court imposed a sentence of death in 1988 and on resentencing in 1995. After pursuing a direct appeal and state postconviction relief (PCR), Henry filed a habeas petition in federal district court. The district court denied the petition, and Henry appeals.

Henry raises four claims on appeal: (1) that...

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