Hemmerle

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT HEMMERLE, 

Petitioner-Appellant, No. 06-16601 v. D.C. No.

DORA SCHRIRO; ATTORNEY  CV-04-00315-PHX-

GENERAL FOR THE STATE OF PGR

ARIZONA, OPINION

Respondents-Appellees.  Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding

Argued and Submitted May 14, 2007—San Francisco, California

Filed July 19, 2007

Before: Cynthia Holcomb Hall, Diarmuid F. O’Scannlain, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge O’Scannlain Michael Bernays, Phoenix, Arizona, argued the cause for the petitioner-appellant. He also filed an opening brief and a reply brief.

Alan L. Amman, Assistant Attorney General of Arizona, Criminal Appeals Section, argued the cause for the respondent-appellee and filed a brief. Also on the brief were Terry Goddard, Attorney General of Arizona and Randall M. Howe, Chief Counsel of the Arizona Criminal Appeals Sec- tion.

OPINION

O’SCANNLAIN, Circuit Judge:

Once again, we are asked to…