95 Cal. Daily Op. Serv. 7407, 95 Daily Journal D.A.R. 12,695 Jimmie Wayne Jeffers v. Samuel A. Lewis, Director, Arizona Department of Corrections, and Roger Crist, Warden, Arizona State Prison

68 F.3d 299 95 Cal. Daily Op. Serv. 7407 , 95 Daily Journal D.A.R. 12,695 Jimmie Wayne JEFFERS, Petitioner, v. Samuel A. LEWIS, Director, Arizona Department of Corrections, and Roger Crist, Warden, Arizona State Prison, Respondents. No. 95-99019. United States Court of Appeals, Ninth Circuit. Sept. 13, 1995. Frank P. Leto and Donald S. Klein, Assistant Pima County Public Defenders, Tucson, Arizona, for petitioner. Paul J. McMurdie, Chief Counsel, Attorney General's Office, Phoenix, Arizona, for respondents. Denise I. Young, Arizona Capital Representation Project, for the amicus curiae. Before WALLACE, Chief Judge, FLETCHER, FARRIS, PREGERSON, NORRIS, BEEZER, WIGGINS, JOHN T. NOONAN, THOMPSON, LEAVY and RYMER, Circuit Judges. ORDER 1 Jeffers, a prisoner awaiting execution in the State of Arizona, appealed from the district court's denial of his petition for writ of habeas corpus, motion to stay execution, and motion for appointment of counsel. A panel of this court granted Jeffers's motion to stay his execution. We have taken this case en banc and now vacate the panel's opinion and lift the panel's stay of execution.I 2 Contrary to the panel's holding, this court's decision in…