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WHITE v. RYAN

No. 15-99011.

895 F.3d 641 (2018)

Michael Ray WHITE, Petitioner-Appellant, v. Charles L. RYAN, Warden, Director, Arizona Department of Corrections; James O'Neil, Warden, Arizona State Prison-Eyman Complex, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2018.

Attorney(s) appearing for the Case

Jennifer Y. Garcia (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

John Pressley Todd (argued), Assistant Attorney General, Capital Litigation Section; Lacey Stover Gard , Chief Counsel; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellees.

Before: Milan D. Smith, Jr., Mary H. Murguia, and Jacqueline H. Nguyen, Circuit Judges.

OPINION

Michael White shot and killed David Johnson ("David"), the husband of White's lover, Susan Johnson ("Susan"). The only question is why. White was initially sentenced to death based on the state court's finding of one aggravating factor — that he committed the murder for pecuniary gain. David had a...

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