BRADLEY v. HENRY

No. 04-15919.

428 F.3d 811 (2005)

Nicole BRADLEY, Petitioner-Appellant, v. Gloria HENRY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2005.

Amended October 17, 2005.


Attorney(s) appearing for the Case

Dennis P. Riordan, San Francisco, CA, for the petitioner-appellant.

Morris Beatus, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: FERGUSON, NOONAN, and RYMER, Circuit Judges.


ORDER

The opinion filed on June 22, 2005 is amended as follows:

413 F.3d at 962. Insert "potentially" before "capital".

413 F.3d at 962. At "executed", substitute comma for period and add "if the prosecutor chose to seek the death penalty."

413 F.3d at 967. Substitute "Potentially on" for "On".

413 F.3d at 967. Add after "palpable":

Until the robbery-murder special circumstance charge was dismissed, a dismissal that occurred...

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