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McKINNEY v. RYAN

No. 09-99018.

813 F.3d 798 (2015)

James Erin McKINNEY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2015.

Attorney(s) appearing for the Case

Ivan K. Mathew (argued) and Susan Turner Mathew , Mathew and Associates, Phoenix, AZ, for Petitioner-Appellant.

Jon Anderson (argued) and Jeffrey A. Zick , Assistant Attorneys General, Terry Goddard , Attorney General, and Kent Cattani , Chief Counsel, Arizona Attorney General's Office, Criminal Appeals/Capital Litigation Section, Phoenix, AZ, for Respondent-Appellee.

Michael L. Burke and Robin Konrad , Assistant Federal Public Defenders, Jon M. Sands , Federal Public Defender, Federal Public Defender's Office, Phoenix, AZ, for Amicus Curiae Office of the Federal Public Defender.

Opinion by Judge W. Fletcher; Dissent by Judge Bea.

OPINION

Petitioner James McKinney was sentenced to death, and his sentence was affirmed by the Arizona Supreme Court on de novo review in 1996. State v. McKinney, 185 Ariz. 567, 917 P.2d 1214 (1996). A three-judge panel of this...

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