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YOUNG v. CONWAY

No. 11-830-pr.

715 F.3d 79 (2013)

Rudolph YOUNG, Petitioner-Appellee, v. James CONWAY, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

April 23, 2013.

Attorney(s) appearing for the Case

John H. Blume , Cornell Death Penalty Project, Cornell Law School, Ithaca, NY; Brian Shiffrin , Easton Thompson Kasperek Shiffrin, LLP, Rochester, NY, for Petitioner-Appellee.

Geoffrey Kaeuper , Assistant District Attorney, for Sandra Doorley , District Attorney of Monroe County, Rochester, NY, for Respondent-Appellant.

James L. Brochin , Jennifer H. Wu , Cassius K. Sims , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Barry C. Scheck , David Loftis , Karen Newirth , Innocence Project, Inc., New York, NY, for the Innocence Project as Amicus Curiae.

JOSÉ A. CABRANES, Circuit Judge, joined by REENA RAGGI and DEBRA ANN LIVINGSTON, Circuit Judges, dissents by opinion from the denial of rehearing in banc.

AMENDED ORDER

Following disposition of this appeal on October 16, 2012, Respondent-Appellant James Conway filed a petition for rehearing in banc. An active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.1

BARRINGTON D. PARKER, Circuit Judge, joined...

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