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DIXON v. SHINN

No. 22-99006.

33 F.4th 1050 (2022)

Clarence Wayne DIXON, Petitioner-Appellant, v. David SHINN, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2022.

Attorney(s) appearing for the Case

Eriz Zuckerman (argued), Amanda C. Bass , and Cary Sandman , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

Jeffrey L. Sparks (argued), Chief Counsel, Capital Litigation Section; J.D. Nielsen and Ginger Jarvis , Assistant Attorneys General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondent-Appellee.

Before: Jay S. Bybee, Daniel A. Bress, and Danielle J. Forrest, Circuit Judges.

OPINION

Clarence Dixon, an inmate incarcerated on death row in Arizona who is set to be executed on May 11, 2022, appeals the denial of his federal habeas petition and seeks a stay of his execution. He challenges an Arizona state court's determination that he is competent to be executed. We conclude that the Arizona...

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