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WASHINGTON v. SHINN

No. 05-99009.

46 F.4th 915 (2021)

Theodore WASHINGTON, Petitioner-Appellant, v. David SHINN, Director, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2021.

Amended August 29, 2022.

Attorney(s) appearing for the Case

Nathaniel C. Love (argued), Grace L.W. St. Vicent , Andrew F. Rodheim , and Julia G. Tabat , Sidley Austin LLP, Chicago, Illinois; Jean-Claude André , Sidley Austin LLP, Los Angeles, California; Gilbert H. Levy , The Law Offices of Gilbert H. Levy, Seattle, Washington; Mark E. Haddad , University of Southern California Gould School of Law, Los Angeles, California; for Petitioner-Appellant.

Laura P. Chiasson (argued), Assistant Attorney General; Lacey Stover Gard , Acting Chief Counsel, Capital Litigation Section; Mark Brnovich , Attorney General; Office of the Attorney General, Tucson, Arizona; for Respondent-Appellee.

Concurrence by Judge Gould

ORDER

The opinion filed on December 20, 2021, is amended by the opinion along with Judge Gould's separate concurrence filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Fed. R. App. P. 35.

The petition for panel rehearing...

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