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DAIRE v. LATTIMORE

No. 12-55667.

812 F.3d 766 (2016)

Sophia DAIRE, Petitioner-Appellant, v. Mary LATTIMORE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2016.

Attorney(s) appearing for the Case

Sara J. O'Connell , Covington & Burling LLP, San Diego, California, for Petitioner-Appellant.

Kamala D. Harris , Attorney General of California; Dane R. Gillette , Chief Assistant Attorney General; Lance E. Winters , Senior Assistant Attorney General; Kenneth C. Byrne , Supervising Deputy Attorney General; Xiomara Costello , Deputy Attorney General, Los Angeles, California, for Respondent-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge, STEPHEN REINHARDT, M. MARGARET MCKEOWN, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, CARLOS T. BEA, N. RANDY SMITH, MARY H. MURGUIA and PAUL J. WATFORD, Circuit Judges.

OPINION

We voted to rehear this case en banc to reconsider our circuit precedent holding that there was no "clearly established" federal law on the question of whether Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674...

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