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SCHAD v. RYAN

No. 13-16895.

732 F.3d 963 (2013)

Edward Harold SCHAD, Petitioner-Appellant, v. Charles L. RYAN, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 2013.

Attorney(s) appearing for the Case

Kelley J. Henry , Assistant Federal Public Defender, Nashville, Tennessee; and Denise Irene Young , Denise I. Young , Tucson, AZ, for petitioner-appellant Edward Harold Schad.

Jon Anderson , Assistant Attorney General and Jeffrey A. Zick , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for respondent appellee Charles L. Ryan, Director, Arizona Department of Corrections.

Before: SCHROEDER, REINHARDT, and GRABER, Circuit Judges.

OPINION

SCHROEDER, Senior Circuit Judge:

Edward Harold Schad is scheduled to be executed by the State of Arizona on October 9, 2013. He was convicted in 1985 of first degree murder in the strangling death of Lorimer Grove. Federal habeas proceedings began in 1997 and in the intervening years have traversed every twist and turn in the path of federal habeas. The case reached Supreme Court review for the third time last summer. The history of the litigation...

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