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KYZAR v. RYAN

No. 12-17564.

780 F.3d 940 (2015)

Dino Wayne KYZAR, Petitioner-Appellant, v. Charles L. RYAN; State of Arizona Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2015.

Attorney(s) appearing for the Case

Tara K. Hoveland (argued), South Lake Tahoe, CA, for Petitioner-Appellant.

David A. Simpson (argued), Deputy Attorney General; Thomas C. Horne , Attorney General; Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section; and David A. Sullivan , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondents-Appellees.

Before: MARSHA S. BERZON and JOHNNIE B. RAWLINSON, Circuit Judges, and ELAINE E. BUCKLO, Senior District Judge.

OPINION

On March 7, 1997, Leroy Cropper, an Arizona prisoner, stabbed a correctional officer to death at the Perryville state prison. A jury convicted Petitioner Dino Kyzar of conspiring with Cropper and others to commit a deadly or dangerous assault by a prisoner in violation of Ariz.Rev. Stat. Ann. §...

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