Rhoades
Rhoades v. Henry
Opinion
Opinion
Rymer, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PAUL EZRA RHOADES,
Petitioner-Appellant, No. 07-99022 v. JEFF HENRY, of the IMSI, D.C. No.
CV-93-00155-S-EJL
Department of Corrections State of
OPINION
Idaho* Respondent-Appellee. Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding
Argued and Submitted February 3, 2010—Seattle, Washington
Filed March 8, 2010
Before: Pamela Ann Rymer, Ronald M. Gould and Jay S. Bybee, Circuit Judges.
Opinion by Judge Rymer
*Jeff Henry is substituted for his predecessor, Arvon J. Arave, Depart- ment of Corrections State of Idaho. Fed. R. App. P. 43(c)(2).
3511 3518 RHOADES v. HENRY (Baldwin)
COUNSEL
Oliver W. Loewy, Federal Defender Services of Idaho, Mos- cow, Idaho, for the petitioner-appellant.
L. LaMont Anderson, Deputy Attorney General, Boise, Idaho, for the respondent-appellee.
OPINION
RYMER, Circuit Judge:
An Idaho jury found Paul Ezra Rhoades guilty of the 1987 first degree murder, first degree kidnapping, and robbery of Stacy Baldwin.1 The trial court sentenced him to death…