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APELT v. RYAN

Nos. 15-99013 15-99015.

878 F.3d 800 (2017)

Michael APELT, Petitioner-Appellee/Cross-Appellant, v. Charles L. RYAN, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2017.

Attorney(s) appearing for the Case

Kristina B. Reeves (argued), Assistant Attorney General, Capital Litigation Section; Lacey Stover Gard , Chief Counsel; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondent-Appellant/Cross-Appellee.

Emily Katherine Skinner (argued), Arizona Capital Representation Project, Tucson, Arizona; Dana Carpenter , Phoenix, Arizona; for Petitioner-Appellee/Cross-Appellant.

Before: Jerome Farris, Consuelo M. Callahan, and John B. Owens, Circuit Judges.

OPINION

In December 1988, Michael Apelt ("Apelt") and his brother, Rudi, murdered Apelt's wife of less than two months in order to collect on her life insurance policy. The brothers were tried separately, convicted of first degree murder, and given death sentences. Having obtained no relief in the Arizona courts...

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