Stenson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAROLD J. STENSON,  No. 05-99011 Petitioner-Appellant, v.  D.C. No.

CV-01-00252-MJP

JOHN LAMBERT,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted September 14, 2006—Seattle, Washington

Filed September 24, 2007

Before: Mary M. Schroeder, Chief Circuit Judge, Andrew J. Kleinfeld and Carlos T. Bea, Circuit Judges.

Opinion by Chief Judge Schroeder

13017 STENSON v. LAMBERT 13021

COUNSEL

Robert H. Bombiner, AFPD, Seattle, Washington, for the petitioner-appellant.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, Washington, for the petitioner-appellant.

Rob McKenna, Attorney General of the State of Washington, John J. Samson, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for the respondent-appellee.

OPINION

SCHROEDER, Chief Circuit Judge:

Darold Stenson was convicted and sentenced to death in Washington State in 1994 for the 1993 first-degree murders of his…