CLABOURNE v. RYAN

No. 09-99022.

745 F.3d 362 (2014)

Scott D. CLABOURNE, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2014.


Attorney(s) appearing for the Case

S. Jonathan Young , Williamson & Young, PC, Tucson, AZ, for Petitioner-Appellant.

Jeffrey A. Zick (argued), Office of the Attorney General, Phoenix, AZ; Kent Cattani and Amy Pignatella Cain , Office of the Attorney General, Tucson, AZ, for Respondent-Appellee.

Before: MARSHA S. BERZON, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.


OPINION

Opinion CLIFTON, Circuit Judge:

Petitioner Scott Clabourne was convicted of murder and was sentenced to death in 1982. His first petition for federal habeas relief was denied by the district court as to his conviction but was granted as to the capital sentence. That decision was affirmed by our court in Clabourne v. Lewis, 64 F.3d 1373 (9th Cir.1995). Clabourne was resentenced in state court in 1997, and he...

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