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JEFFRIES v. WOOD

No. 95-99003.

114 F.3d 1484 (1997)

Patrick James JEFFRIES, Petitioner-Appellee, v. Tana WOOD, Superintendent, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Reargued and Resubmitted November 20, 1996.

Decided May 12, 1997.

Attorney(s) appearing for the Case

Paul D. Weisser, Attorney General's Office, Corrections Division, Olympia, Washington, for respondent-appellant.

Stephanie Ross, Point Roberts, Washington; Robert S. Mahler, MacDonald, Hoague & Bayless, Seattle, Washington; Thomas W. Hillier, II, Federal Public Defender, Seattle, Washington, for petitioner-appellee.

Before: HUG, Chief Judge, GOODWIN, SCHROEDER, FLETCHER, REINHARDT, BRUNETTI, KOZINSKI, T. G. NELSON, HAWKINS, TASHIMA and THOMAS, Circuit Judges.

Opinion by Judge THOMAS; Dissent by Judge KOZINSKI.

THOMAS, Circuit Judge:

This case requires us to consider the effect of two precepts designed to promote consistency and stability in development of the law: the doctrine of law of the case and the presumption against retroactive application of new statutes.

After carefully examining the application of these tenets to this case, we hold that a three-judge panel improperly applied the law of the case...

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