Towery

Daniel D. Maynard, Maynard, Cronin, Erickson, Curran & Sparks, PLC, Phoenix, AZ, for the petitioner-appellant.

Terry Goddard, Attorney General, Kent E. Cattani, Chief Counsel, and Jon G. Anderson (argued), Assistant Attorney General, Phoenix, AZ, for the respondent-appellee.

Before: MARY M. SCHROEDER, RAYMOND C. FISHER and N. RANDY SMITH, Circuit Judges.

The opinion filed on September 22, 2010, slip op. 16067, and appearing at 622 F.3d 1237 , is AMENDED and the amended opinion is filed concurrently with this Order.

With these amendments, the panel has voted to deny Appellant's petition for rehearing and petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. Appellant's petition for panel rehearing and petition for rehearing en banc, filed October 6, 2010, are DENIED.

No further petitions for rehearing will be permitted.

FISHER, Circuit Judge:

Robert Towery was convicted of first-degree murder, armed robbery, first-degree burglary, kidnapping, theft and attempted theft. He was sentenced to death. Towery's habeas petition raises numerous…