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McKINNEY v. RYAN

No. 09-99018.

730 F.3d 903 (2013)

James Erin McKINNEY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2013.

Attorney(s) appearing for the Case

Ivan K. Mathew (briefed and argued) and Susan T. Mathew (briefed), Mathew & Associates, Phoenix, AZ, for Petitioner-Appellant.

Jon G. Anderson , Assistant Attorney General, Capital Litigation Division, Phoenix, AZ, for Respondent-Appellee.

Opinion by Judge N.R. SMITH; Partial Concurrence and Partial Dissent by Judge WARDLAW.

OPINION

N.R. SMITH, Circuit Judge:

Petitioner James Erin McKinney, an Arizona state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Arizona state court sentenced McKinney to death on each of two counts of first-degree murder for the 1991 killings of Christene Mertens and Jim McClain. We affirm the district court.

In this opinion we address three claims raised in McKinney's petition: (1) the trial...

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