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SMITH v. RYAN

Nos. 96-99025, 96-99026, 10-99011.

813 F.3d 1175 (2016)

Robert Douglas SMITH, Petitioner-Appellant, v. Charles L. RYAN, Warden, Arizona, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2016.

As Corrected February 17, 2016.

Attorney(s) appearing for the Case

S. Jonathan Young (argued), Williamson & Young, P.C., Tucson, AR; Ralph E. Ellinwood , Ellinwood, Francis & Plowman LLP, Tucson, AR, for Petitioner-Appellant.

Jeffrey L. Sparks (argued), Assistant Attorney General, Capital Litigation Section, Mark Brnovich , Attorney General, Robert E. Ellman , Solicitor General, Jeffrey A. Zick , Chief Counsel, Capital Litigation Section, Phoenix, AR, for Respondent-Appellee.

Opinion by Judge Reinhardt; Concurrence by Judge SCHROEDER; Special Concurrence by Judge Reinhardt; Dissent by Judge Callahan.

OPINION

This case, to which the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) does not apply, returns to us following remand to the Arizona state court to conduct an Atkins evidentiary hearing. After that hearing the...

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