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ROSSUM v. PATRICK

No. 09-55666.

659 F.3d 722 (2011)

Kristin ROSSUM, Petitioner-Appellant, v. Deborah L. PATRICK, Warden; Edmund G. Brown, Jr., Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2011.

Attorney(s) appearing for the Case

William J. Genego , Nasatir, Hirsch, Podberesky & Genego, Santa Monica, CA, for the petitioner-appellant.

Edmund G. Brown Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Senior Assistant Attorney General, Kevin Vienna , Supervising Deputy Attorney General, Kyle Niki Shaffer , Deputy Attorney General, San Diego, CA, for the respondent-appellee.

PER CURIAM Opinion; Dissent by Judge GERTNER.

ORDER

Respondents' petition for panel rehearing is hereby granted. The opinion filed on September 23, 2010, and published at 622 F.3d 1262 (9th Cir.2010), is withdrawn and replaced by the attached opinion.

No new petitions for panel rehearing shall be accepted in this case.

OPINION

PER CURIAM.

We conclude that this case is now controlled by the Supreme Court's intervening decision in Harrington...

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