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STEWART v. CATE

No. 10-55985.

757 F.3d 929 (2014)

DeArcey Jamul STEWART, Petitioner-Appellant, v. Matthew L. CATE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2014.

Amended May 1, 2014.

Attorney(s) appearing for the Case

Kurt David Hermansen (argued), Law Office of Kurt David Hermansen, San Diego, CA; Jan Stiglitz , Justin Brooks , Alexander Simpson , and Alissa Bjerkhoel , California Innocence Project, San Diego, CA, for Petitioner-Appellant.

Kevin Vienna (argued), Supervising Deputy Attorney General; Kamala D. Harris , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General; Gary W. Schons , Senior Assistant Attorney General; Raquel M. Gonzalez , Deputy Attorney General, San Diego, CA, for Respondent-Appellee.

Order; Opinion by Judge Zipps; Dissent by Judge Berzon.

ZIPPS, District Judge:

ORDER

The opinion and dissent filed on November 1, 2013, and appearing at 734 F.3d 995, are amended. The superseding amended opinion and dissent will be filed concurrently with this order.

With these amendments, Judge Ikuta voted to deny the appellant's petition for panel rehearing and rehearing en banc, and Judge Zipps so recommended. Judge Berzon voted to grant both petitions. The full court...

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