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JONES v. RYAN

No. 18-99005.

52 F.4th 1104 (2022)

Danny Lee JONES, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2022.

Attorney(s) appearing for the Case

Amanda Bass (argued) and Leticia Marquez , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender, District of Arizona; Federal Public Defenders' Office, Tucson, Arizona; Jean-Claude André , Bryan Cave Leighton Paisner LLP, Santa Monica, California; Barbara A. Smith and J. Bennett Clark , Bryan Cave Leighton Paisner LLP, St. Louis, Missouri; Kristin Howard Corradini , Bryan Cave Leighton Paiser LLP, Chicago, Illinois; for Petitioner-Appellant.

Jeffrey L. Sparks (argued), Assistant Attorney General, Capital Litigation Section; Lacey Stover Gard , Chief Counsel; Mark Brnovich , Attorney General of Arizona; Office of the Attorney General, Phoenix, Arizona; for Respondent-Appellee.

Dissent from Order by Judge Ikuta.

ORDER

The opinion filed June 28, 2021, Jones v. Ryan, 1 F.4th 1179 (9th Circ. 2021) is amended and superseded by the opinion filed concurrently with this order.

The full court has been advised of the petition for rehearing en banc. A judge of this Court requested a vote on the petition for rehearing en banc. A majority of the non-recused active judges did not vote to rehear the case en banc. Fed. R. App. 35. The...

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