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RHOADES v. HENRY

No. 07-99022.

638 F.3d 1027 (2010)

Paul Ezra RHOADES, Petitioner-Appellant, v. Jeff HENRY, of the IMSI, Department of Corrections State of Idaho, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2010.

Amended February 8, 2011.

Attorney(s) appearing for the Case

Oliver W. Loewy , Federal Defender Services of Idaho, Moscow, ID, for the petitioner-appellant.

L. LaMont Anderson , Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before: PAMELA ANN RYMER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.

ORDER

The opinion filed March 8, 2010, and appearing at 596 F.3d 1170, 1181, is amended as follows: Delete the last two full paragraphs of Section A, page 1181.

The petition for rehearing and petition for rehearing en banc are DENIED. No further petitions will be entertained.

RYMER, Circuit Judge:

OPINION

An Idaho jury found Paul Ezra Rhoades guilty of the 1987 first degree murder, first degree kidnapping, and robbery of

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