RICH v. CALDERON

No. 97-99007.

187 F.3d 1064 (1999)

Darrell Keith RICH, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 1999.

Amended August 13, 1999.


Attorney(s) appearing for the Case

Clyde M. Blackmon and James S. Thomson, Blackmon & Snellings, Sacramento, California, for the petitioner-appellant.

Carlos A. Martinez, Deputy Attorney General, Sacramento, California, for the respondent-appellee.

Before: PREGERSON, KLEINFELD and HAWKINS, Circuit Judges.


ORDER

The Opinion filed March 25, 1999 and appearing at 170 F.3d 1236 (9th Cir.1999), is amended as follows:

Page 1239, section "2.a."—delete section and substitute the following in its place:

a. Pre-Indictment Publicity. Any claim that Rich's indictment was tainted by pretrial publicity was waived when Rich failed to challenge the impartiality of the jury venire following a change in...

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