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STYERS v. RYAN

No. 12-16952.

811 F.3d 292 (2015)

James Lynn STYERS, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2015.

Attorney(s) appearing for the Case

Julie S. Hall (argued), Oracle, AZ; Amy Beth Krauss , Tucson, AZ, for Petitioner-Appellant.

Jeffrey A. Zick (argued), Thomas C. Horne , Kent E. Cattani and Ginger Jarvis , Office of the Attorney General, Phoenix, AZ, for Respondent-Appellee.

Before: JEROME FARRIS, ALEX KOZINSKI, and CARLOS T. BEA, Circuit Judges.

OPINION

We must determine whether a state court's constitutional error in failing to consider certain evidence offered in mitigation of a death sentence can be corrected by the court that committed the error, rather than require the convicted murderer to be sentenced anew,...

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