Schad

Kelley J. Henry, Nashville, TN, for the petitioner-appellant.

Jon G. Anderson, Phoenix, AZ, for the respondent-appellee.

Before: MARY M. SCHROEDER, STEPHEN REINHARDT and SUSAN P. GRABER, [**] Circuit Judges.

PER CURIAM:

The second amended opinion filed June 3, 2010 is hereby amended. The amended opinion is filed concurrently with this order.

Absent further order of the court, no further petitions for rehearing or rehearing en banc will be considered.

Edward Harold Schad was convicted in Arizona state court in 1979 of the murder of Lorimer Grove, and sentenced to death. After his first conviction and sentence were reversed by the Arizona Supreme Court on collateral review, Schad was retried in 1985, and was again convicted of first-degree murder and sentenced to death. His direct appeal and state habeas proceedings from his second trial lasted for the next twelve years, and his federal habeas proceedings in district court for nine years after that. After the district court denied Schad's federal habeas petition on all grounds, he filed this appeal in 2007.

Schad's appeal raises seven principal contentions. Three pertain to his conviction and four to the imposition of the…