Anthony Lee Chaney v. Samuel Lewis, Director, Arizona Department of Corrections and Lloyd E. Bramlett, Superintendent, Arizona State Prison

Anthony Lee Chaney appeals the summary denial of his habeas corpus petition. Chaney filed his petition pursuant to 28 U.S.C. § 2254 to challenge his murder conviction and death sentence. We affirm the dismissal of Chaney’s purely legal claims regarding the unconstitutionality of Arizona’s death penalty statute and his right to counsel in his habeas petition as well as the dismissal of his factual claims regarding juror bias and improper denial of a change of venue or restriction of venire pool because of local prejudice. We reverse the district court’s summary dismissal of the remaining issues raised in Chaney’s habeas petition.

FACTUAL & PROCEDURAL BACKGROUND

Chaney and a female companion entered the state of Arizona in a stolen truck. They were stopped by a Coconino County sherriff s deputy who called in a description of the truck to the dispatcher and asked Chaney for identification. Chaney pointed a gun at the deputy while Chaney’s companion removed the deputy’s firearm. Chaney then handcuffed the deputy to a nearby tree and drove away.

In the meantime, the dispatcher determined that the truck Chaney was driving had been stolen and tried to so inform the deputy. When unable…