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POLAND v. STEWART

No. 97-99004.

169 F.3d 573 (1998)

Patrick POLAND, Petitioner-Appellant, v. Terry L. STEWART, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1998.

Amended August 24, 1998.

Second Amendment March 1, 1999.

Attorney(s) appearing for the Case

Thomas A. Gorman, Phoenix, Arizona, and Craig W. Soland, Brown & Bain, Phoenix, Arizona, for the petitioner-appellant.

Kent E. Cattani, Assistant Attorney General, Phoenix, Arizona, for the respondent-appellee.

Before: HUG, Chief Judge, BROWNING and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge.

ORDER

The Opinion filed on August 6, 1998, and amended on August 24, 1998, is amended as follows:

1. On slip opinion pages 9309-10 (151 F.3d 1014, 1017), delete Section II.B in its entirety and replace with the following:

The apprehension and first trial of the Polands attracted much attention from the media in the relatively small Arizona town where they were tried. When the...

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