GULBRANDSON v. RYAN

Nos. 07-99012, 09-72779.

738 F.3d 976 (2013)

David GULBRANDSON, Petitioner-Appellant, v. Charles L. RYAN, Arizona Department of Corrections, Respondent-Appellee. David Gulbrandson, Petitioner, v. Charles L. Ryan, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2013.

Amended October 28, 2013.


Attorney(s) appearing for the Case

Timothy M. Gabrielsen (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender, Federal Public Defender's Office, Tucson, AZ; Stephen E. Eberhardt , Tinley Park, IL, for Petitioner-Appellant.

Susanne Bartlett Blomo (argued), Assistant Attorney General; Thomas C. Horne , Attorney General; Jeffrey A. Zick , Chief Counsel, Arizona Attorney General's Office, Capital Litigation Section, Phoenix, AZ, for Respondents-Appellees.

Before: D.W. NELSON, JOHNNIE B. RAWLINSON, and SANDRA S. IKUTA, Circuit Judges.


ORDER

The opinion and dissent filed on March 18, 2013, are amended. The superseding amended opinion and dissent will be filed concurrently with this order.

With these amendments, a majority of the panel has voted to deny appellant's petition for panel rehearing. Judge Nelson would grant the petition. Judge Rawlinson and Judge Ikuta voted to deny the petition for rehearing en banc. Judge Nelson recommended granting...

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