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CLARK v. ARNOLD

No. 12-15601.

769 F.3d 711 (2014)

Eric Michael CLARK, Petitioner-Appellant, v. James ARNOLD; Terry L. Goddard; Charles L. Ryan, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2014.

Attorney(s) appearing for the Case

Carla G. Ryan (argued), Law Office of Carla G. Ryan, Tucson, AZ, for Petitioner-Appellant.

Michael T. O'Toole (argued), Assistant Attorney General; Thomas C. Horne , Attorney General; Kent E. Cattani , Division Chief Counsel; Joseph T. Maziarz , Section Chief Counsel, Phoenix, AZ, for Respondents-Appellees.

Before: J. CLIFFORD WALLACE and JAY S. BYBEE, Circuit Judges, and JAMES C. MAHAN, District Judge.

OPINION

BYBEE, Circuit Judge:

Arizona state prisoner Eric Michael Clark appeals from the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction of murdering a law enforcement officer in the line of duty. Clark argues his trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), for not preserving "observation evidence...

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