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SPREITZ v. RYAN

No. 09-99006.

916 F.3d 1262 (2019)

Christopher J. SPREITZ, Petitioner-Appellant, v. Charles L. RYAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2019.

Attorney(s) appearing for the Case

Timothy M. Gabrielsen (argued), Assistant Federal Public Defender; John M. Sands , Federal Public Defender; Office of the Federal Public Defender, Tucson, Arizona; Susan B. Fox and Sean Bruner , Law Office of Sean Bruner Ltd., Tucson, Arizona; for Petitioner-Appellant.

Lacey Stover Gard (argued) and Jeffrey A. Zick , Section Chief Counsel; Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section; Mark Brnovich , Attorney General; Office of the Attorney General, Tucson, Arizona; for Respondents-Appellees.

Dissent by Judge Tallman

OPINION

In 1994, an Arizona jury convicted Christopher J. Spreitz ("Spreitz") of first-degree murder. The victim was thirty-nine year old Ruby Reid ("Reid"). Finding that the cruelty of the murder outweighed any mitigating circumstances, the trial judge sentenced Spreitz to death. Spreitz appeals the district court...

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