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HURLES v. RYAN

No. 08-99032.

706 F.3d 1021 (2013)

Richard D. HURLES, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2013.

Attorney(s) appearing for the Case

Denise I. Young and Michael Aaron Harwin , Tucson, AZ, for Petitioner-Appellant.

Terry Goddard , Attorney General of Arizona, Phoenix, AZ, for Respondent-Appellee.

Kent E. Cattani and J.D. Nielsen , Arizona Attorney General, Capital Litigation Section, Phoenix, AZ, for Respondent-Appellee.

Opinion by Judge D.W. NELSON; Dissent by Judge IKUTA.

ORDER

The opinion filed July 7, 2011, and appearing at 650 F.3d 1301 (9th Cir.2011), is withdrawn, Carver v. Lehman, 558 F.3d 869, 878-79 (9th Cir.2009), and is replaced by the opinion filed concurrently with this order. Our prior opinion may not be cited as precedent to any court. Moreover, with the original opinion withdrawn, we deem the petition for rehearing and rehearing en banc moot...

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