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SMITH v. RYAN

No. 14-99008.

823 F.3d 1270 (2016)

Joe Clarence SMITH, Petitioner-Appellant, v. Charles L. RYAN; Ron Credio, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2016.

Attorney(s) appearing for the Case

Michael L. Burke (argued) and Kelly L. Culshaw , Assistant Federal Public Defenders, Jon M. Sands , Federal Public Defender, Office of the Arizona Federal Public Defender, Phoenix, Arizona, for Petitioner-Appellant.

Jon G. Anderson (argued), Assistant Attorney General, Thomas C. Home , Attorney General, and Jeffrey A. Zick , Chief Counsel, Office of the Arizona Attorney General, Phoenix, Arizona, for Respondent-Appellee.

Before: Richard A. Paez, Richard R. Clifton, and John B. Owens, Circuit Judges.

OPINION

In 1977, Joseph Clarence Smith, Jr. was convicted of two murders and sentenced to death. This is the second time we have reviewed Smith's habeas challenge to his death sentence. In Smith v. Stewart, 189 F.3d 1004 (9th Cir. 1999), we reversed in part and ordered that...

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