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LEE v. THORNELL

No. 10-99022.

DARREL ESTON LEE, Petitioner-Appellant, v. RYAN THORNELL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2024.

Attorney(s) appearing for the Case

Timothy M. Gabrielsen (argued), Assistant Federal Public Defender; Jon M. Sands, Federal Public Defender, District of Arizona, Federal Public Defender's Office, Tucson, Arizona; Stephen E. Eberhardt, Law Offices of Stephen E. Eberhardt, Tinley Park, Illinois; for Petitioner-Appellant.

Laura P. Chiasson (argued), Assistant Attorney General, Capital Litigation Section; Lacy Stover Gard, Chief Counsel; Jeffrey L. Sparks, Deputy Solicitor General, Section Chief of Capital Litigation; Mark Brnovich, Former Attorney General; Kristin K. Mayes, Attorney General; Office of the Arizona Attorney General, Tucson, Arizona; Jim Nielsen, Assistant Attorney General, Office of the Arizona Attorney General, Phoenix, Arizona; for Respondent-Appellee.

Opinion by Judge Miller.

OPINION

Darrel Eston Lee, an Arizona prisoner under sentence of death, appeals the district court's denial of his petition for a writ of habeas corpus. He contends that his trial counsel was ineffective in allowing him to testify falsely and in failing to investigate and present mitigating evidence. In support of...

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