King

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIC JOHN KING, 

Petitioner-Appellant, No. 06-99006 v. DORA B. SCHRIRO, Director, of the  D.C. No.

CV-98-01277-RCB

Arizona Department of

OPINION

Corrections, Respondent-Appellee.  Appeal from the United States District Court for the District of Arizona Robert C. Broomfield, District Judge, Presiding

Argued and Submitted July 10, 2007—Pasadena, California

Filed August 11, 2008

Before: Alex Kozinski, Chief Judge, Andrew J. Kleinfeld, and Richard C. Tallman, Circuit Judges.

Opinion by Judge Kleinfeld

10295 10298 KING v. SCHRIRO

COUNSEL

Daniel D. Maynard, Maynard, Cronin, Erickson, Curran & Sparks, P.L.C., Phoenix, Arizona, for the appellant.

John P. Todd, Assistant Attorney General, Phoenix, Arizona, for the appellee.

OPINION

KLEINFELD, Circuit Judge:

This is a death penalty case. King robbed a convenience store. During the robbery, he murdered the clerk and the security guard. After his conviction for two first degree mur- ders and armed robbery, appeals in the Arizona courts,1 and denial and appeal of his petition for post-conviction relief in…