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MORAN v. GODINEZ

No. 91-15609.

57 F.3d 690 (1994)

Richard Allan MORAN, Petitioner-Appellant, v. Salvador GODINEZ, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred May 16, 1994.

Resubmitted July 1, 1994.

Filed November 15, 1994.

Amended June 2, 1995.

Attorney(s) appearing for the Case

Cal J. Potter, III, Las Vegas, NV, and Edward Chikofsky, Washington College of Law, the American University, Washington, DC, for petitioner-appellant.

Frankie Sue Del Papa, Atty. Gen., and David Sarnowski, Chief Deputy Atty. Gen., Carson City, NV, for respondent-appellee.

Before FARRIS, PREGERSON and THOMPSON, Circuit Judges.

Opinion by Judge THOMPSON; Dissent by Judge PREGERSON.

ORDER

The opinion filed November 15, 1994, Moran v. Godinez, 40 F.3d 1567 (9th Cir.1994), is amended as follows:

1. At page 1572, the word "possible" in the first sentence of the first full paragraph in the righthand column is changed to "impossible". With this change the sentence will read:

When a state court wrongfully fails to hold a competency...

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