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CAMPBELL v. BLODGETT

No. 89-35210.

992 F.2d 984 (1993)

Charles CAMPBELL, Petitioner-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary, Walla Walla, Washington; Kenneth O. Eikenberry, Attorney General, State of Washington, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

May 7, 1993.

Attorney(s) appearing for the Case

James E. Lobsenz, Carney, Badley, Smith & Spellman, Seattle, WA, for petitioner-appellant.

Paul D. Weisser and John M. Jones, Asst. Attys. Gen., Olympia, WA, for respondents-appellees.

Before: WALLACE, Chief Judge, BROWNING, TANG, POOLE, D.W. NELSON, REINHARDT, BEEZER, WIGGINS, THOMPSON, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

Prior report: 978 F.2d 1519.

ORDER

A majority of the en banc court has voted to deny respondents-appellees' motion for reconsideration of order of remand.

O'SCANNLAIN, Circuit Judge, with whom KLEINFELD, Circuit Judge, joins, dissenting:

A majority of the en banc court "has chosen to address whether hanging is cruel and unusual punishment under the Eighth Amendment" and has concluded that it "would be assisted...

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