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CLARK v. MURPHY

No. 00-16727.

331 F.3d 1062 (2003)

Billy Russell CLARK, Petitioner-Appellant, v. Tim MURPHY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2003.

Attorney(s) appearing for the Case

James M. Jellison argued the cause for the appellant. Anders Rosenquist, Jr., Rosenquist & Associates, Phoenix, AZ, was on the briefs.

Ginger Jarvis, Assistant Arizona Attorney General, argued the cause for the appellee. Janet Napolitano, Arizona Attorney General; Randall M. Howe, Arizona Chief Counsel, Criminal Appeals Section; Diane M. Ramsey, Assistant Arizona Attorney General, were on the brief.

Before: STAPLETON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge STAPLETON.

ORDER AND AMENDED OPINION

ORDER

The opinion and concurrence filed on January, 23, 2003, and appearing at 317 F.3d 1038 (9th Cir.2003), are amended. The amended opinion and concurrence are filed herewith.

The panel has voted unanimously to deny the petition for rehearing. Judge O'Scannlain has voted to deny the petition for rehearing en banc,...

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