Gulbrandson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID GULBRANDSON, No. 07-99012 Petitioner-Appellant, D.C. No. v. CV-98-02024-

PHX-SMM

CHARLES L. RYAN, Arizona Department of Corrections, Respondent-Appellee.

DAVID GULBRANDSON, No. 09-72779 Petitioner, D.C. No. v. CV-98-2024-

PHX-SMM

CHARLES L. RYAN,

Respondent. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, Senior District Judge, Presiding

Argued and Submitted June 14, 2012—San Francisco, California Filed March 18, 2013 Amended October 28, 2013

Before: Dorothy W. Nelson, Johnnie B. Rawlinson, and Sandra S. Ikuta, Circuit Judges.

Order; Opinion by Judge Ikuta; Partial Concurrence and Partial Dissent by Judge D.W. Nelson

SUMMARY*

Habeas Corpus / Death Penalty

The panel affirmed the district court’s denial of a 28 U.S.C. § 2254 habeas corpus petition by an Arizona state prisoner challenging his conviction and capital sentence for murder, and denied his request to file a second or successive petition.

The panel first…