LEAVITT v. ARAVE

Nos. 01-99008, 01-99009.

383 F.3d 809 (2004)

Richard A. LEAVITT, Petitioner-Appellee, v. Arvon J. ARAVE, Warden, Idaho State Correctional Institution, Respondent-Appellant. Richard A. Leavitt, Petitioner-Appellant, v. Arvon J. Arave, Warden, Idaho State Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2004.

Amended September 7, 2004.


Attorney(s) appearing for the Case

David Z. Nevin, Nevin, Herzfeld, Benjamin & McKay, LLP, Boise, ID; Andrew H. Parness (argued), Ketchum, ID, for the petitioner-appellee/cross-appellant.

Before KOZINSKI, FERNANDEZ, and RYMER, Circuit Judges.


ORDER AMENDING OPINION, DENYING PETITION FOR REHEARING, AND DENYING PETITION FOR REHEARING AND FOR REHEARING EN BANC AND AMENDED OPINION

PER CURIAM.

ORDER

In light of the decision of the United States Supreme Court in Schriro v. Summerlin, ___ U.S. ___, 124 S.Ct. 2519, 159 L.Ed.2d 442 (2004), we amend our opinion filed on June 14, 2004, and commencing at slip op. 77731 as follows:

(1) We revoke the introductory...

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