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McGILL v. SHINN

No. 19-99002.

16 F.4th 666 (2021)

Leroy McGILL, Petitioner-Appellant, v. David SHINN, Director, Arizona Department of Corrections; Walter Hensley, Warden, Arizona Department of Corrections — Eyman Complex, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2021.

Attorney(s) appearing for the Case

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

Erin D. Bennett (argued), Assistant Attorney General; Lacey Stover Gard , Deputy Solicitor General/Chief of Capital Litigation; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellees.

Partial Concurrence and Partial Dissent by Judge Milan D. Smith, Jr.

OPINION

Petitioner Leroy McGill was sentenced to death in 2004 for the murder of his former housemate, Charles Perez. The Arizona Supreme Court affirmed McGill's conviction and sentence on direct review, and the state trial court denied post-conviction relief. McGill now appeals the district court's denial of his...

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