Spears v. Stewart

283 F.3d 992 Anthony Marshall SPEARS, Petitioner-Appellee, v. Terry STEWART, Director of the Arizona Department of Corrections, and Charles Goldsmith, * Warden, Arizona State Prison — Eyman Complex, Respondents-Appellants. No. 01-99000. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 2001. Filed September 24, 2001. Amended March 20, 2002. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Monica Beerling Klapper, Assistant Attorney General, Phoenix, AZ, for the respondent-appellant. Sylvia J. Lett and Dale A. Baich, Assistant Federal Public Defenders, Phoenix, AZ, for the petitioner-appellee. Julie S. Hall, Tucson, AZ, for amici curiae. Appeal from the United States District Court for the District of Arizona; Stephen M. McNamee, District Judge, Presiding. Before HILL, ** GRABER, and McKEOWN, Circuit Judges. 1 REINHARDT, Circuit Judge, with whom Circuit Judges HAWKINS, THOMAS, and PAEZ join dissenting and with whom Circuit Judge TASHIMA joins except as to Part IV(as to which he withholds judgment); Circuit Judge RAWLINSON joins except as to Part IV.A; and Circuit Judges PREGERSON, WARDLAW, W. FLETCHER, FISHER, and…