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MOORE v. CZERNIAK

No. 04-15713.

574 F.3d 1092 (2009)

Randy Joseph MOORE, Petitioner-Appellant, v. Stan CZERNIAK, Superintendent of OSP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2009.

Attorney(s) appearing for the Case

Barbara L. Creel, Office of the Federal Public Defender, Portland, OR, for the petitioner-appellant.

Hardy Myers, Attorney General for the State of Oregon, Mary H. Williams, Solicitor General (On the Briefs); Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals Unit, Salem, OR (Argued), for the respondent-appellee.

Opinion by Judge REINHARDT; Concurrence by Judge BERZON; Dissent by Judge BYBEE; Dissent to Order by Judge CALLAHAN; Dissent to Order by Judge BEA.

ORDER

The majority opinion, concurring opinion, and dissenting opinion filed on July 28, 2008, slip op. 9397, and appearing at 534 F.3d 1128 (9th Cir.2008), are withdrawn. A new majority opinion, concurring opinion, and dissenting opinion are filed contemporaneously with this order. With the filing of the new opinion, Judge Reinhardt and Judge Berzon vote to deny the petitions for rehearing and rehearing en banc. Judge Bybee votes...

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