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SMITH v. PATRICK

No. 04-55831.

519 F.3d 900 (2008)

Shirley Ree SMITH, Petitioner-Appellant, v. Deborah L. PATRICK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

February 27, 2008.

Attorney(s) appearing for the Case

Michael J. Brennan, Esq., Manhattan Beach, CA, for Petitioner-Appellant.

Kristofer Jorstad, Esq., Richard T. Breen, Esq., Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: HARRY PREGERSON and WILLIAM C. CANBY, JR., Circuit Judges, and EDWARD C. REED, JR., District Judge.

ORDER

The State has filed a petition for panel and en banc rehearing of our order reinstating our decision granting habeas corpus relief to appellant Smith. See Smith v. Patrick, 508 F.3d 1256 (9th Cir.2007). By supplemental letter, see Fed. R.App. P. 28(j), the State has called our attention to the Supreme Court's recent decision in Wright v. Van Patten, ___ U.S. ___, 128 S.Ct. 743, 169 L.Ed.2d 583 (2008) ...

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