Washington v. David Shinn

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THEODORE WASHINGTON, No. 05-99009 Petitioner-Appellant, D.C. No. v. CV-95-02460-JAT

DAVID SHINN, Director, ORDER AND Respondent-Appellee. AMENDED

OPINION

Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding

Argued and Submitted September 8, 2021 San Francisco, California

Filed December 20, 2021 Amended August 29, 2022

Before: Ronald M. Gould, Consuelo M. Callahan, and Lawrence VanDyke, Circuit Judges.

Order; Opinion by Judge Callahan; Concurrence by Judge Gould SUMMARY *

Habeas Corpus/Death Penalty

The panel (1) filed an amended opinion along with Judge Gould’s separate concurrence, (2) denied a petition for panel rehearing, and (3) denied on behalf of the court a petition for rehearing en banc, in a case in which the panel affirmed the district court’s denial of Theodore Washington’s habeas corpus petition challenging his Arizona conviction and death sentence for first-degree murder.

Washington asserted that he is entitled to relief on several grounds,…