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HURLES v. RYAN

No. 08-99032.

752 F.3d 768 (2014)

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

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2014.

Attorney(s) appearing for the Case

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

Terry Goddard , Attorney General, Kent E. Cattani and J.D. Nielsen , Office of the Arizona Attorney General, Capital Litigation Section, Phoenix, AR, for Respondent-Appellee.

Opinion by Judge D.W. Nelson; Dissent by Judge Ikuta.

ORDER

The opinion filed January 18, 2013, and appearing at 706 F.3d 1021, is withdrawn, Carver v. Lehman, 558 F.3d 869, 878-79 (9th Cir.2009), and is replaced by the opinion filed concurrently with this order.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. The parties may file a petition for rehearing and rehearing en banc with...

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