Dino Kyzar v. Charles Ryan

OPINION

BUCKLO, Senior District Judge:

On March 7, 1997, Leroy Cropper, an Arizona prisoner, stabbed a correctional officer to death at the Perryville state prison. A jury convicted Petitioner Dino Kyzar of conspiring with Cropper and others to commit a deadly or dangerous assault by a prisoner in violation of Ariz.Rev. Stat. Ann. § 13-1206.

Kyzar sought federal habeas relief on multiple grounds. In Kyzar’s first appeal, we vacated and remanded for the limited purpose of having the district court consider in the first instance whether the evidence adduced at trial was constitutionally…