Beaty
Beaty v. Schriro
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONALD EDWARD BEATY,
Petitioner-Appellant, No. 05-99013 v. DORA B. SCHRIRO, Director, D.C. No.
CV-92-02076-SRB
Arizona Department of
OPINION
Corrections, Respondent-Appellee. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding
Argued and Submitted May 14, 2007—San Francisco, California
Filed November 28, 2007
Before: Diarmuid F. O’Scannlain, Susan P. Graber, and M. Margaret McKeown, Circuit Judges.
Opinion by Judge O’Scannlain
15229 15232 BEATY v. SCHRIRO
COUNSEL
John E. Charland, Phoenix, Arizona, argued the cause and filed briefs on behalf of the petitioner-appellant. Jon M. Sands, Federal Public Defender, Phoenix, Arizona, and Dale A. Baich, Assistant Federal Public Defender, Phoenix, Ari- zona, were also on the briefs.
John Pressley Todd, Assistant Attorney General of Arizona, Capital Litigation Section, Phoenix, Arizona, argued the cause and filed a brief on behalf of the State of Arizona. Terry God- dard, Attorney General of Arizona, Phoenix, Arizona, and Kent Cattani, Chief…