Michael K. POLAND, Petitioner-Appellant, v. Terry STEWART, Director, Arizona Department of Corrections, Respondent-Appellee

Arizona death row inmate Michael K. Poland appeals the district court’s denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 .

I

FACTS AND PROCEDURAL HISTORY

Michael Poland (Poland) and his brother Patrick (Patrick) were convicted in Arizona state court in 1980 of the 1977 murders of two armored car drivers and sentenced to death. The convictions arose from the May 1977 hijacking and robbery of an armored car during which the two armored car drivers were murdered. The convictions were overturned by the Arizona Supreme Court on the basis of jury misconduct. State v. Poland, 132 Ariz. 269 , 645 P.2d 784 (1982), In banc (Poland I ).

When the case returned to the Arizona Superior Court (trial court) following the reversal in Poland I, the newly elected county prosecuting attorney moved to dismiss the charges on the basis that there was insufficient evidence on which to proceed to trial. The trial court denied the motion and a subsequent motion for reconsideration.

After denial of the motions, counsel for the Polands moved to disqualify the trial judge for bias. The motion was referred to another judge of the Arizona Superior Court, who found no bias…