SCHAD v. RYAN

No. 07-99005.

709 F.3d 855 (2013)

Edward Harold SCHAD, Petitioner-Appellant, v. Charles L. RYAN, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 4, 2013.


Attorney(s) appearing for the Case

Kelley J. Henry , Assistant Federal Public Defender, Federal Public Defender, Nashville, TN, Denise Irene Young, Denise I. Young, Tucson, AZ, for Petitioner-Appellant.

Jon Anderson, Esquire , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent-Appellee.

Before: THOMAS, Circuit Judge and Capital Case Coordinator.


AMENDED ORDER

The full court has been advised of the petition for rehearing and rehearing en banc. Pursuant to the rules applicable to capital cases in which an execution date has been scheduled, a deadline was set by which any judge could request a vote on whether the panel's orders should be reheard en banc.

A judge requested a vote on whether to hear the panel's orders en banc, and a vote was conducted. A majority of the active, non-recused judges eligible...

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