Court of Appeals for the Ninth Circuit April 7, 1998, No. 97-99006 (Smith v. Stewart)

OPINION ■

FERNANDEZ, Circuit Judge:

Bernard Smith, a death-row prisoner of the State of Arizona, appeals the district court’s grant of the state’s motion for summary judgment, denial of his motion for summary judgment, and denial of his petition for a writ of habeas corpus. We affirm in part, reverse in part, and remand.