SOTO v. RYAN

No. 11-17051.

760 F.3d 947 (2014)

Martín Raùl Fong SOTO, Petitioner-Appellant, v. Charles L. RYAN and Charles Goldsmith, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2014.


Attorney(s) appearing for the Case

Amy Armstrong and Emily Skinner , Arizona Capital Representation Project, Tucson, AZ, for Petitioner-Appellant.

Thomas C. Horne , Attorney General; Kent E. Cattani , Division Chief Counsel; Joseph T. Maziarz , Section Chief Counsel; Matthew H. Binford (argued) and Aaron J. Moskowitz (on the brief), Assistant Attorneys General, Criminal Appeals/Capital Litigation Division, Phoenix, AZ, for Respondents-Appellees.

Professor Susan Martyn , University of Toledo College of Law, Toledo, OH; Emeritus Professor Gary Lowenthal , Arizona State University, Tempe, AZ, for Amicus Curiae Ethics Bureau at Yale.

Opinion by Judge Timlin; Dissent by Judge Schroeder.


OPINION

TIMLIN, District Judge:

Arizona state prisoner Martín Raùl Fong Soto ("Petitioner" or "Fong")1 appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury convictions of murder, robbery and attempt, and aggravated robbery and attempt arising from a triple homicide. A separate jury convicted Petitioner's codefendants, Christopher McCrimmon ("McCrimmon") and Andre...

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