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DOODY v. SCHRIRO

No. 06-17161.

566 F.3d 839 (2009)

Johnathan Andrew DOODY, Petitioner-Appellant, v. Dora B. SCHRIRO; Megan Savage; Attorney General of the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

May 12, 2009.

Attorney(s) appearing for the Case

Kim Christensen Clark, Esquire, Steptoe & Johnson, LLP, Phoenix, AZ, Nathan Z. Dershowitz, Esquire, Victoria B. Eiger, Esquire, Dershowitz Eiger & Adelson, PC, New York, NY, for Petitioner-Appellant.

Joseph Thomas Maziarz, Jon Anderson, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Diane M. Ramsey, Esquire, Phoenix, AZ, for Respondents-Appellees.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges HAWKINS and SILVERMAN did not participate in the deliberations or vote...

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