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WOODS v. SINCLAIR

No. 09-99003.

764 F.3d 1109 (2014)

Dwayne Anthony WOODS, Petitioner-Appellant, v. Stephen SINCLAIR, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

August 25, 2014.

Attorney(s) appearing for the Case

Suzanne Lee Elliott , Law Offices of Suzanne Lee Elliott, Seattle, Washington, and David B. Zuckerman , Law Offices of David B. Zuckerman, Seattle, Washington, for Petitioner-Appellant.

John Joseph Samson , Assistant Attorney General, Olympia, Washington, for Respondent-Appellee.

Before: RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

PAEZ, Circuit Judge:

In 1997, a Washington jury found Dwayne A. Woods guilty of two counts of aggravated murder in the first degree, one count of attempted murder in the first degree, and one count of attempting to elude a police vehicle. After two days of deliberation, the jury sentenced Woods to death. The Washington State Supreme Court upheld his conviction and sentence, State v. Woods,

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