Michael John Evanchyk, Jr., Petitioner-Appellee-Cross-Appellant v. Terry Stewart Janet Napolitano, Respondents-Appellants-Cross-Appellees

CLIFTON, Circuit Judge:

Under Arizona law, a conviction for first-degree murder can be based on either or both of two theories: premeditated murder (an intentional, planned killing) or felony murder (a killing that results from the intentional commission by defendant of another felony, but which does not necessarily involve an intent to kill). Michael Evanchyk was tried in Arizona state court, together with other defendants, for multiple crimes in connection with events that resulted in a death. He was acquitted by a jury of first-degree murder and of burglary, but was convicted of…