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RICHMOND v. LEWIS

No. 86-2382.

948 F.2d 1473 (1990)

Willie Lee RICHMOND, Petitioner-Appellant, v. Samuel A. LEWIS, Director, Arizona Department of Corrections; and Roger Crist, Superintendent of the Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 22, 1987.

Reargued and Submitted September 27, 1990.

Decided December 26, 1990.

As Amended on Denial of Rehearing and Rehearing October 17, 1991.

As Amended January 14, 1992.

Attorney(s) appearing for the Case

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, Wash., for petitioner-appellant.

Jack Roberts, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before ALARCON and O'SCANNLAIN, Circuit Judges, and STEPHENS, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc October 17, 1991.

ORDER

The opinion reported at 921 F.2d 933 (9th Cir.1990) is hereby amended as follows: in the block quotation in the second column on page 943 of the opinion, twenty-two lines from the bottom of the page, delete the ellipsis and insert in lieu thereof: "In [State v.] Gretzler, [135 Ariz. 42,

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