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ROY v. GOMEZ

No. 94-15994.

108 F.3d 242 (1997)

Kenneth Duane ROY, Petitioner-Appellant, v. James GOMEZ; John Van de Kamp; and William Merkle, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1997.

Attorney(s) appearing for the Case

Hill C. Snellings, Blackmon & Drozd, Sacramento, California, for petitioner-appellant.

Margaret Venturi, Deputy Attorney General, Sacramento, California, for respondents-appellees.

Before HUG, C.J., and BROWNING, WALLACE, FLETCHER, PREGERSON, POOLE, REINHARDT, HALL, THOMPSON, RYMER, and T.G. NELSON, Circuit Judges.

ORDER

In California v. Roy, ___ U.S. ___, 117 S.Ct. 337, 136 L.Ed.2d 266 (1996), the United States Supreme Court reversed this court's en banc decision, Roy v. Gomez, 81 F.3d 863 (1996), and held that "the State, and the dissenting judges in the Ninth Circuit, are correct about the proper standard" of collateral review. Roy, ___ U.S. at ___, 117 S.Ct. at 338. The Court was "convinced that the `harmless error...

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